Muse v. Kaler Bros., Inc.

The judgment in this case should be reversed on the authority of Snapp v. Polk Canning Co., 119 Fla. 245, 161 Sou. Rep. 269, wherein it was held that a declaration in an action at law for injuries sustained in a collision between plaintiff’s automobile and defendant’s truck is not demurrable where the declaration does not show on its face that plaintiff was guilty of contributory negligence as a matter of law, under the circumstances and facts pleaded in the declaration showing how the injury was sustained.

In this case the plaintiffs allege that they were not operators of, but mere passengers…