Benedict Pineapple Co. v. Atlantic Coast Line Railroad
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Orange-County. Statement. On a former writ of error the original declaration in this cause was held to be defective and a judgment obtained against the railroad company was reversed Atlantic Coast Line R. R. Co. v. Benedict Pineapple Co., 52 Fla. 165, 42 South.
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This case was decided by Division A. Writ of Error to the Circuit Court for Orange-County. Statement. On a former writ of error the original declaration in this cause was held to be defective and a judgment obtained against the railroad company was reversed Atlantic Coast Line R. R. Co. v. Benedict Pineapple Co., 52 Fla. 165, 42 South. Rep. 529. The amended declaration is as follows: “The Benedict Pineapple Company, a corporation existing under the laws of the state of Florida, by Massey & Warlow, its attorneys, sues the Atlantic Coast Line Railroad Company, a corporation.: For that the…
1Opinion of the Court
Whitfield, J.,
(after stating the facts).—It is suggested that the first ground of the demurrer, that neither the declaration nor a count thereof states a cause of action, is in effect but a mere repetition of the statutoy form of a demurrer and is insufficient.
The general statutes contain the following provisions as to demurrers in pleadings at law: Section 1430 (originally part of section 15 of chapter 1096) : “No pleading shall be deemed insufficient for any defect which could heretofore only be objected by special demurrer.” Section 1441 (originally section 14 of chapter 1096) : “Either…
2Cases cited20 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Moore v. HeinekeSupreme Court of Alabama · 1898
- Camp v. HallSupreme Court of Florida · 1897
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3Cited by57 opinions
- Southern Home Insurance v. PutnalSupreme Court of Florida · 1909
- German American Lumber Co. v. BrockSupreme Court of Florida · 1908
- Seaboard Air Line Railway Co. v. WatsonSupreme Court of Florida · 1927
- Pope v. Pinkerton-Hays Lumber Co.District Court of Appeal of Florida · 1960
- Nicholas v. Miami Burglar Alarm Co., Inc.Supreme Court of Florida · 1976
52 more not listed; retrieve them via the Exa API.