Kirton v. Atlantic Coast Line Railroad
Supreme Court of Florida
This case was decided by Division A. Writ of Error to the Circuit Court for Hillsborough County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtWhitfield, C. J.
A petition for rehearing suggests that the court misapprehended the effect of the language used in the declaration, and that in view of the common law and statutory liability of the railroad company and of facts commonly known there is in reality no repugnancy in the allegations of the declaration.
The rule to be observed, to avoid ambiguity and obscurity, requires the allegations of a declaration to be sufficiently certain for the plaintiff’s theory of the case to be supported by any fair and reasonable intendment or construction of the allegations without reference to facts not alleged. See…
2Cases cited2 opinions
- Taylor v. Inhabitants of CaribouSupreme Judicial Court of Maine · 1907
- Atlantic Coast Line Railroad v. Benedict Pineapple Co.Supreme Court of Florida · 1906
3Cited by5 opinions
- Collins v. HallSupreme Court of Florida · 1934
- The St. Francis Hospital, Inc. v. ThompsonSupreme Court of Florida · 1947
- Hill v. HillSupreme Court of Florida · 1911
- Georgia, Florida & Alabama Railway Co. v. AndrewsSupreme Court of Florida · 1911
- The St. Francis Hospital, Inc. v. ThompsonSupreme Court of Florida · 1947