Loftin v. Florida Cities Bus Co.

Decision Date14 October 1947
Citation159 Fla. 514,32 So.2d 166
PartiesLOFTIN et al. v. FLORIDA CITIES BUS CO.
CourtFlorida Supreme Court

Appeal from Circuit Court, Palm Beach County; Jos. S. White judge.

Harry Goodmark, of West Palm Beach, for appellants.

Earnest Lewis & Smith, of West Palm Beach, for appellee.

TERRELL, Justice.

Gladys Loftin and Walter Loftin brought a common-law action against Florida Cities Bus Co. to recover damages for personal injuries to the former and for loss of consortium, etc., as to Walter Loftin. A demurrer to the declaration was sustained, final judgment was entered in favor of the defendant and the plaintiffs appealed.

The sole question brought here for determination is the sufficiency of the declaration to state a cause of action.

The declaration was in eight counts. We are of the view that counts one, two three and four were fatally defective and that the demurrer was properly sustained as to them. As to counts five, six, seven and eight, we think the demurrer to the declaration should have been overruled.

At the time of the accident that resulted in the injury to Gladys Loftin, she was attempting to alight from a bus of the defendant. She had been transported to her destination and was 'great with child.' After reciting the formal parts and alleging the obvious condition of the plaintiff, by reason of which she was handicapped in her power of movement, she was in need of assistance to alight from the bus, count five of the declaration alleges the following. 'that as a proximate result of Defendant's agent and driver of said bus negligently and carelessly failing to render assistance to your Plaintiff in descending said steps of said bus heretofore described, your Plaintiff attempted to descend said steps and before she had gotten off of the steps of said bus, the bus was negligently and carelessly suddenly started throwing your Plaintiff into the street'.

Counts six, seven and eight contains similar allegations which when taken with the other allegations of counts five to eight inclusive relieve them from the infirmity rendering counts one to four inclusive vulnerable to demurrer. The quoted allegations when read with other allegations sufficiently allege the relation of passenger and carrier and that defendant's negligence contributed to the plaintiff's injury. The allegations in other words are sufficient to present a triable issue.

When a common carrier assumes responsibility...

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4 cases
  • Nazareth v. Herndon Ambulance Service, Inc.
    • United States
    • Florida District Court of Appeals
    • April 25, 1985
    ...extraordinary duty to the passenger arises, and does not terminate until the journey is complete. Henderson; Loftin v. Florida Cities Bus Company, 159 Fla. 514, 32 So.2d 166 (1947). This is characterized in terms of tort liability as a non-delegable duty owed by the employer. 6 These two ca......
  • Swilley v. Economy Cab Co. of Jacksonville
    • United States
    • Florida Supreme Court
    • May 9, 1950
    ...the passenger to the end that the passenger would be transported and delivered to his destination safely. Compare Loftin v. Florida Cities Bus Co., 159 Fla. 514, 32 So.2d 166. But this high degree of duty did not extend to the point of making the defendant an absolute insurer of the safety ......
  • Atlantic Coast Line R. Co. v. Kickliter
    • United States
    • Florida Supreme Court
    • October 14, 1947
    ...32 So.2d 166 159 Fla. 516 ATLANTIC COAST LINE R. CO. v. KICKLITER et al. Florida Supreme CourtOctober 14, 1947 ... G. L. Reeves and ... LeRoy Allen, both of Tampa, for ... ...
  • Edwards v. Jacksonville Coach Co.
    • United States
    • Florida Supreme Court
    • June 13, 1956
    ...could have been affected by the lack of an assault on the declaration. The last case cited by appellant is Loftin v. Florida Cities Bus Co., 159 Fla. 514, 32 So.2d 166, 167. It appears that the plaintiff in that case, who was pregnant, attempted to alight from a bus. Her condition was so ob......

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