Legal Opinion
Kneeland v. Tampa Northern R. R. Co.
Supreme Court of Florida
Decided October 19, 1927PublishedCited by 10 opinions
1Opinion of the Court
Plaintiff in error sued the railroad company for injuries which he alleged he had received while attempting to cross the railroad right-of-way at a grade crossing in Brooksville, Florida.
A demurrer was sustained to the declaration. Plaintiff declined to amend and a final judgment was entered against him.
We believe it would be of no assistance to copy the declaration in this opinion. When a declaration states a cause of action, surplus allegations not eliminated by appropriate motion may be disregarded. Stinson v. Prevatt, 84 Fla. 416, 94 So. 656. In actions where negligence is the basis of…
2Cases cited3 opinions
- R. L. Stinson & East Coast Lumber Co. v. PrevattSupreme Court of Florida · 1922
- Seaboard Air Line Railway v. RentzSupreme Court of Florida · 1910
- Seaboard Air Line Railway Co. v. GoodSupreme Court of Florida · 1920
3Cited by10 opinions
- Florida Industrial Commission v. State Ex Rel. Orange State Oil Co.Supreme Court of Florida · 1945
- State Ex Rel. West v. GraySupreme Court of Florida · 1954
- Moses v. WoodwardSupreme Court of Florida · 1932
- American Optical Corp. v. SpiewakSupreme Court of Florida · 2011
- Keating v. State ex rel. AusebelDistrict Court of Appeal of Florida · 1964
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