Savannah, Florida & Western Railway Co. v. Willett
Supreme Court of Florida
Writ of Error to the Ciruit Court fo Orange County. *Statement. William E. Willett, as plaintiff, brought suit in the Circuit Court of Orange county, ¡ Florida, against the Savannah, Florida and Western Railway Company.
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Writ of Error to the Ciruit Court fo Orange County. *Statement. William E. Willett, as plaintiff, brought suit in the Circuit Court of Orange county, ¡ Florida, against the Savannah, Florida and Western Railway Company. On the sixth day of February, 1896, the plaintiff filed his declaration,.stating that, being in the employment of the Jacksonville, St. Augustine and Indian River Railroad Company as a conductor, he was desirous of bettering his condition in life, and of [getting larger pay; that he had previously applied to the South Florida Division of the Sav., Fla. & W. Ry. Co. for…
1Opinion of the Court
Hocker, C.,
(After'stating the facts.)
The demurrer ,to the declaration contained, among others, the grounds, first, that such facts as are necessary to a recovery are not stated,“ fourth, that the terms of employment, whether by the'day, year or any other specified time, are'not stated; fifth, that it is not stated whether the plaintiff was to be paid monthly, quarterly or yearly. These grounds present the question upon which the case will be disposed 1 of.
A declaration ''upon which ¡a plaintiff founds 'his right of recovery must allege every fact that is essential to his right of action.…
Also in this document: Per curiam.
2Cases cited4 opinions
- De Briar v. MinturnCalifornia Supreme Court · 1851
- South Florida Telegraph Co. v. MaloneySupreme Court of Florida · 1894
- Blaisdell v. LewisSupreme Judicial Court of Maine · 1851
- Shaw v. Woodbury Glass WorksSupreme Court of New Jersey · 1889
3Cited by18 opinions
- Hazen v. Cobb-Vaughan Motor Co.Supreme Court of Florida · 1928
- Russell & Axon v. HandshoeDistrict Court of Appeal of Florida · 1965
- Milligan v. KeyserSupreme Court of Florida · 1906
- Hope v. National AirlinesDistrict Court of Appeal of Florida · 1957
- W., B. A.R.R. Co. v. MossCourt of Appeals of Maryland · 1915
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