Mcdonald v. Exchange Supply Co.

• Decision Date: 14 June 1924
• Citation: 101 So. 28,88 Fla. 80
• Parties: McDONALD v. EXCHANGE SUPPLY CO.
• Court: Florida Supreme Court

101 So. 28

88 Fla. 80

McDONALD v. EXCHANGE SUPPLY CO.

Florida Supreme Court, Division B.

June 14, 1924

Error to Circuit Court, Hillsborough County; F. M. Robles, Judge.

Action by Ernest McDonald, joined by his next friend, J. C. Lynn, against the Exchange Supply Company. Judgment for plaintiff, and defendant brings error.

Reversed.

Syllabus by the Court

SYLLABUS

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

COUNSEL

John W. Bull, of Tampa, for plaintiff in error.

Raney & Morris and Wm. Hunter, all of Tampa, for defendant in error.

OPINION

PER CURIAM.

This writ of error was taken to a judgment for the defendant upon demurrer to an amended declaration of plaintiff alleging personal injury suffered by reason of the negligence of defendant in the operation of machinery in a certain fertilizer factory, in which plaintiff, 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. (Fla.) 98 South, 75; Peterson v. Oscar Daniels Co., 83 Fla. 29, 90 South, 621; Wertz v. Tampa Electric Co., 78 Fla. 405, 83 So. 270.

Reversed.

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