CORA HAWKINS, A WIDOW, PLAINTIFF IN ERROR,
v.
SHORE ACRES PROPERTIES, A CORPORATION, DEFENDANT IN ERROR
Per Curiam.
This writ of error was taken to a judgment for the defendant upon demurrer to a declaration alleging a wrongful death caused by the negligence of 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; McDonald v. Exchange Supply Co., 88 Fla. 80, 101 South. Rep. 28; Yon v. Pinellas Power Co., filed at this term.
Reversed.
Whitfield, P. J., and Terrell and Buford, J. J., concur. Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Love v. Hannah, 72 So. 2d 39 (Fla. 1954)…sly, it was not error to overrule this motion, because the complaint was adequate to recover damages under Section 45.11, Florida Statutes 1951, F.S. A. See Brown v. Pennsylvania Sugar Co., 95 Fla. 116, 116 So. 72; Hawkins v. Shore Acres Properties, 93 Fla. 671, 112 So. 61. The objection by Mr. Cushman, defendants’ attorney, to the question of whether it was necessary to support the “baby girl,” Alberta 'heretofore quoted) was on the ground “it is not material and doesn’t enter into the question of amount…
Authorities Cited
- Wertz v. Tampa Elec. Co., 78 Fla. 405 (Fla. 1919)
- Peterson v. Oscar Daniels Co., 83 Fla. 29 (Fla. 1922)
- McDonald v. Exch. Supply Co., 88 Fla. 80 (Fla. 1924)
- LaRena Foster v. St. Johns Elec. Co., 86 Fla. 338 (Fla. 1923)