Foster v. St. Johns Electric Co.

• Decision Date: 19 October 1923
• Citation: 98 So. 75,86 Fla. 338
• Parties: FOSTER v. ST. JOHNS ELECTRIC CO.
• Court: Florida Supreme Court

98 So. 75

86 Fla. 338

FOSTER v. ST. JOHNS ELECTRIC CO.

Florida Supreme Court, Division B.

October 19, 1923

Error to Circuit Court, St. Johns County; George Couper Gibbs, Judge.

Action by La Rena Foster against the St. Johns Electric Company, a corporation. Judgment for defendant on demurrer, and plaintiff brings error.

Reversed.

Syllabus by the Court

SYLLABUS

Declaration not wholly failing to state cause of action not demurrable.

Where a declaration does not wholly fail to state a cause of action, a demurrer thereto should not be sustained.

COUNSEL

A. H. & Roswell King, of Jacksonville, and E. Noble Calhoun, of St. Augustine, for plaintiff in error.

Watson & May, of Jacksonville, for defendant in error.

OPINION

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 So. 270; Jaudon v. Fidelity Bank & Trust Co., 81 Fla. 115, 87 So. 313; Peterson v. Daniels Co., 83 Fla. 29, 90 So. 621; Tampa & J. R. Co. v. Crawford, 67 Fla. 77, 64 So. 437.

Reversed.

WHITFIELD, P.J., and WEST and TERRELL, JJ., concur.