Legal Opinion

Davis v. Florida Power Co.

Supreme Court of Florida

Decided June 15, 1912PublishedCited by 55 opinions

Appealed from the Circuit Court for Citrus County. Statement. This writ of error was taken to a judgment for the defendant in an action brought against the Florida Power Company, a corporation, by James T. Davis to recover damages accruing to the plaintiff under the statute for the death of plaintiff’s minor son caused by the alleged wrongful act of the defendant corporation.

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Appealed from the Circuit Court for Citrus County. Statement. This writ of error was taken to a judgment for the defendant in an action brought against the Florida Power Company, a corporation, by James T. Davis to recover damages accruing to the plaintiff under the statute for the death of plaintiff’s minor son caused by the alleged wrongful act of the defendant corporation. A demurrer to the original declaration was sustained by 'the trial court on the ground that it “wholly fails to state a cause of action under the statute.” The following amended declaration was filed: “James T. Davis, as…

1Opinion of the CourtWhitfield, J.

(after stating the facts.) — The demurrer to the original declaration was sustained by the *262trial court on the ground that it wholly failed to state a cause of action under the statute, while the demurrer to the amended declaration was sustained on. the ground that the statute violates provisions of the State and Federal Constitutions.

The main question presented is whether the following statute violates organic law by denying to the defendant corporation due process of law or equal protection of the laws to its detriment:

“3147. Death of minor child by wrongful act. — Whenever the death of any…

Also in this document: Concurrence.

2Cases cited41 opinions

  1. Lindsley v. Natural Carbonic Gas Co.Supreme Court of the United States · 1911
  2. Barbier v. ConnollySupreme Court of the United States · 1884
  3. Mobile, Jackson & Kansas City Railroad v. TurnipseedSupreme Court of the United States · 1910
  4. Hammond Packing Co. v. ArkansasSupreme Court of the United States · 1909
  5. Chicago, Burlington & Quincy Railroad v. McGuireSupreme Court of the United States · 1911

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3Cited by55 opinions

  1. Everton v. WillardSupreme Court of Florida · 1985
  2. Lainhart v. CattsSupreme Court of Florida · 1917
  3. Van Pelt v. HilliardSupreme Court of Florida · 1918
  4. Pompano Horse Club, Inc. v. State Ex Rel. BryanSupreme Court of Florida · 1927
  5. Stewart v. DeLand-Lake Helen Special Road & Bridge DistrictSupreme Court of Florida · 1916

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