Flowers v. Louisville & Nashville Railroad
Supreme Court of Florida
This case was decided 'by Division B. Writ of Error to the Circuit Court for Escambia County. Statement. In June, 1907, the plaintiff in error filed a declaration against the defendant in ’ error in the following words, viz.: “The plaintiff, John Flowers, by his attorneys sues the defendant for that whereas, on the 22nd day of March, A. D. 1907, the defendant was maintaining- and operating a certain railroad shoo in said county and state, and the plaintiff was employed by…
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This case was decided 'by Division B. Writ of Error to the Circuit Court for Escambia County. Statement. In June, 1907, the plaintiff in error filed a declaration against the defendant in ’ error in the following words, viz.: “The plaintiff, John Flowers, by his attorneys sues the defendant for that whereas, on the 22nd day of March, A. D. 1907, the defendant was maintaining- and operating a certain railroad shoo in said county and state, and the plaintiff was employed by the defendant, as a laborer in said shop, subject to the orders of the foreman thereof; that in the said shop and as a…
1Opinion of the Court
Hocker, J.,
(after stating the facts.)—>We shall only consider the matters presented in the argument of the ■defendant in error in support of the ruling of the circuit judge. The first question presented is that the general allegations made in the declaration that the plaintiff was inexperienced, or that the alleged defect was unobservable without close inspection are mere conclusions of the *608pleader and as sustaining :herefore bad. No authority is referred to this single contention. But it is contended that “such general allegations will be overborne by other allegations showing plaintiff’s…
2Cases cited4 opinions
- Cook v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Camp v. HallSupreme Court of Florida · 1897
- Florida Central & Peninsular Railroad v. MooneySupreme Court of Florida · 1898
- Atlantic Coast Line Railroad v. RylandSupreme Court of Florida · 1905
3Cited by8 opinions
- Gunn v. City of JacksonvilleSupreme Court of Florida · 1914
- Florida East Coast Railway Co. v. LassiterSupreme Court of Florida · 1909
- W. B. Harbeson Lumber Co. v. AndersonSupreme Court of Florida · 1931
- Wauchula Manufacturing & Timber Co. v. JacksonSupreme Court of Florida · 1916
- Southern Turpentine Co. v. DouglassSupreme Court of Florida · 1911
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