Walsh v. Western Railway Co.
Supreme Court of Florida
.Appeal from, the Circuit Court for Clay •.county. STATEMENT. The defendant, the railway company, demurred to the declaration and the demurrer was sustained with leave to amend, and thereupon the plaintiff filed an ; amended declaration, a demurrer to which was also sustained, and plaintiff suffered final judgment to be •entered and has appealed to this court, assigning as error the action on the latter demurrer.
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.Appeal from, the Circuit Court for Clay •.county. STATEMENT. The defendant, the railway company, demurred to the declaration and the demurrer was sustained with leave to amend, and thereupon the plaintiff filed an ; amended declaration, a demurrer to which was also sustained, and plaintiff suffered final judgment to be •entered and has appealed to this court, assigning as error the action on the latter demurrer. The amended declaration is, in substance, as follows: Alice Mary Walsh sues the Western Railway of Florida, a corporation duly created and existing under the laws of Florida, for…
1Opinion of the Court
Mabry, J.:
The sufficiency of the amended declaration to which a demurrer wras sustained is the only question involved here. The first ground of the demurrer questions the sufficiency of the allegation of negligence on the part of the defendant railway company. Negligence is the gist of the action, and must of course be •■sufficiently alleged. Plaintiff alleges a defective railroad track and defective cars used by defendant as ■grounds of negligence, and the first ground of the demurrer is that the defects in the machinery are not ■stated with sufficient certainty.
A declaration by an employe…
2Cases cited12 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Indianapolis, Pittsburg, & Cleveland Railroad v. Keely's AdministratorIndiana Supreme Court · 1864
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Parrish v. Pensacola & Atlantic RailroadSupreme Court of Florida · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Louisville & Nashville Railroad v. JonesSupreme Court of Florida · 1903
- Consumers Electric Light & Street Railroad v. PryorSupreme Court of Florida · 1902
- Ingram-Dekle Lumber Co. v. GeigerSupreme Court of Florida · 1916
- Savannah, Florida & Western Railway Co. v. Geo. W. Tiedeman & Bro.Supreme Court of Florida · 1897
- Jacksonville, Tampa & Key West Railway Co. v. JonesSupreme Court of Florida · 1894
2 more not listed; retrieve them via the Exa API.