Florida Central & Peninsular Railroad v. Foxworth
Supreme Court of Florida
Appeal from the Circuit Court for Duval county. Statement. On April 23, 1891, the appellee brought suit against appellant in the Circuit Court of Duval county, the declaration, filed on May 1, alleging in substance in the first count that plaintiff was the widow of one Daniel A. Fox-worth, deceased; that defendant, a Florida railroad corporation before, after and during each day of the month of December, 1890, was operating and managing a certain railroad extending between…
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Appeal from the Circuit Court for Duval county. Statement. On April 23, 1891, the appellee brought suit against appellant in the Circuit Court of Duval county, the declaration, filed on May 1, alleging in substance in the first count that plaintiff was the widow of one Daniel A. Fox-worth, deceased; that defendant, a Florida railroad corporation before, after and during each day of the month of December, 1890, was operating and managing a certain railroad extending between certain named points in this State and through the town of Callahan, in Nassau county, with its chief offices in…
1Opinion of the Court
Carter, J.:
I. While we do not commend the practice, we think it is permissible in common law pleading to refer to, and thereby make a part of one count, the whole or a part of the allegations of another count in the same declaration. To be effective, however, the reference should be definite and certain- 1 Chitty’s Pleadings (16th ed.), p. 429; Dent’s Admr. v. Scott, 3 H. & J. (Md.) 28; Freeland v. McCullough, 1 Den. (N. Y.) 414, S. C. 43 Am. Dec. 685; Crookshank v. Gray, 20 Johns. (N. Y.) 344. This rule being fully complied with in this case, the first assignment of error fails-
II. The…
2Cases cited40 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- Munro v. Pacific Coast Dredging & Reclamation Co.California Supreme Court · 1890
- Duval v. HuntSupreme Court of Florida · 1894
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
35 more not listed; retrieve them via the Exa API.
3Cited by94 opinions
- Hoffman v. JonesSupreme Court of Florida · 1973
- Sea-Land Services, Inc. v. GaudetSupreme Court of the United States · 1974
- Bell v. City of MilwaukeeCourt of Appeals for the Seventh Circuit · 1984
- Downs v. United StatesCourt of Appeals for the Sixth Circuit · 1975
- Hoodless v. JerniganSupreme Court of Florida · 1903
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