Ryland v. Atlantic Coast Line Railroad
Supreme Court of Florida
This case was decided by the court En Banc. Writ of Error to the Circuit Court for Osceola County. Statement. On a former writ of error a judm'ent for Ryland was reversed because the declaration did not state a cause of action. Atlantic Coast Line R. Co. v. Ryland, 50 Fla. 190, 40 South. Rep. 24. After the cause was remanded an amended declaration was filed.
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This case was decided by the court En Banc. Writ of Error to the Circuit Court for Osceola County. Statement. On a former writ of error a judm'ent for Ryland was reversed because the declaration did not state a cause of action. Atlantic Coast Line R. Co. v. Ryland, 50 Fla. 190, 40 South. Rep. 24. After the cause was remanded an amended declaration was filed. A demurrer thereto was sustained and the plaintiff took writ of error to a final judgment for the defendant entered on t'he demurrer. The material allegations of the amended declaration are as follows: “The plaintiff on the second day of…
1Opinion of the CourtWhitfield, C. J.
(After slating the facts.) — Unless the amended declaration sufficiently states matters not contained in the original declaration that constitute a cause of action, the cause is res ad judie at a, and the judgment for the defendant should be affirmed, since the adjudication of matters presented by the former declaration is now the law of the case. McKinnon v. Johnson, 57 Fla. 120, 48 South. Rep. 910.
A railroad company, like other public utility corporations should be required to’ make reasonable provision; for the safety of its employees and patrons and to respond in damages as required by…
2Cases cited8 opinions
- Duval v. HuntSupreme Court of Florida · 1894
- German American Lumber Co. v. BrockSupreme Court of Florida · 1908
- McKinnon v. JohnsonSupreme Court of Florida · 1909
- Florida Central & Peninsular Railroad v. MooneySupreme Court of Florida · 1898
- Hildreth v. Western Union Telegraph Co.Supreme Court of Florida · 1908
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3Cited by3 opinions
- Atlantic Coast Line Railroad v. McCormickSupreme Court of Florida · 1910
- Gulf, Florida & Alabama Railway Co. v. KingSupreme Court of Florida · 1917
- McGrady v. Charlotte Harbor & Northern Railway Co.Supreme Court of Florida · 1913