LARENA FOSTER, PLAINTIFF IN ERROR,
v.
ST. JOHNS ELECTRIC COMPANY, A CORPORATION, DEFENDANT IN ERROR
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The Florida Supreme Court reversed a lower court's judgment on a demurrer to a declaration, finding that the declaration did not entirely fail to state a cause of action. The court cited previous cases to support its decision.
No, the declaration did not wholly fail to state a cause of action. Therefore, the lower court erred in sustaining the demurrer.
“there is error in the judgment herein rendered upon demurrer to the declaration, in that the declaration does not wholly fail to state a cause of action”
This quote encapsulates the core finding of the court regarding the sufficiency of the plaintiff's declaration.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe case involved a plaintiff (LaRena Foster) suing St. Johns Electric Company. The defendant demurred to the plaintiff's declaration, and the lower c…
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Per Curiam.
This cause having heretofore been submitted to the Court, and the record having been seen and inspected, and the Court being now advised of its judgment to be given in the premises, it seems to the Court that there is error in the judgment herein rendered upon demurrer to the declaration, in that the declaration does not wholly fail to state a cause of action; it is, therefore, considered, ordered and adjudged by the Court that the judgment herein be, and is hereby reversed on the authority of Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270; Jaudon v. Fidelity Bank & Trust Co., 81 Fla. 115, 87 South. Rep. 313; Peterson v. Daniels Co., 83 Fla. 29, 90 South. Rep. 621; Tampa & J. R. Co. v. Crawford, 67 Fla. 77, 64 South. Rep. 437.
Reversed.
WniTFIELD, P. J., AND WEST AND TERRELL, J. J., COUCUr.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Carlton v. Fla. E. Coast Ry. Co., 95 Fla. 596 (Fla. 1928)…rrer thereto should have been overruled. Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270; Peterson v. Oscar Daniels Co., 83 Fla. 29, 90 South. Rep. 621; Pero v. Corley, 87 Fla. 448, 100 South. Rep. 748; Foster v. St. Johns Electric Co., 86 Fla. 338, 98 South. Rep. 75; McDonald v. Exchange Supply Co., 88 Fla. 80, 101 South. Rep. 28; Cummings Mach. Works v. Clark, 89 Fla. 383, 105 South. Rep. 100; Hawkins v. Shore Acres Properties, 93 [*597] Fla. 670, 112 South. Rep. 61; Yon v. Pinellas County P…
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McDonald v. Exch. Supply Co., 88 Fla. 80 (Fla. 1924)…f, who is a minor, was employed by defendant. The declaration does not wholly fail to state a cause of action. The demurrer thereto was therefore erroneously sustained. The judgment is reversed on the authority of Foster v. St. Johns Electric Co., 86 Fla. 338, 98 South. Rep. 75; Peterson v. Daniels Co. 83 Fla. 29, 90 South. Rep. 621; Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270. Eeversed. Whitfield, P. J., and West and Terrell, J. J., Concur.…
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Yon v. Pinellas Cnty. Power Co., 93 Fla. 503 (Fla. 1927)…power plant for generating electricity. [*504] The declaration does not wholly fail to state a cause of action. The demurrer thereto was therefore erroneously sustained. The judgment is reversed on the authority of Foster v. St. Johns Electric Co., 86 Fla. 338, 98 South. Rep. 75; Peterson v. Daniels Co., 83 Fla. 29, 90 South. Rep. 621; Wertz v. Tampa Electric Co., 78 Fla. 405, 83 South. Rep. 270; McDonald v. Exchange Supply Co., 88 Fla. 80, 101 South. Rep. 28. Reversed. Ellis, C. J., and Whitfield, Terr…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tampa & Jacksonville Ry. Co. v. Crawford, 67 Fla. 77 (Fla. 1914)
- Wertz v. Tampa Elec. Co., 78 Fla. 405 (Fla. 1919)
- Peterson v. Oscar Daniels Co., 83 Fla. 29 (Fla. 1922)
- Jaudon v. Fid. Bank & Tr. Co., 81 Fla. 115 (Fla. 1921)