Peterson v. Oscar Daniels Co.

• Decision Date: 19 January 1922
• Citation: 90 So. 621,83 Fla. 29
• Parties: PETERSON v. OSCAR DANIELS CO.
• Court: Florida Supreme Court

90 So. 621

83 Fla. 29

PETERSON v. OSCAR DANIELS CO.

Florida Supreme Court

January 19, 1922

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

Action by J. W. Peterson against the Oscar Daniels Company. Judgment for defendant on a demurrer to the declaration, and plaintiff brings error.

Reversed.

COUNSEL

Gibson & Riherd, of Tampa, for plaintiff in error.

Knight, Thompson & Turner, of Tampa, for defendant in error.

OPINION

PER CURIAM.

In an action for personal injuries, judgment was rendered for the defendant on a demurrer to the declaration, and plaintiff took writ of error. The declaration is needlessly prolix, but, as the allegations do not by repugnance destroy each other, and as the declaration does not wholly fail to state a cause of action, the demurrer should have been overruled. See Catts v. Henderson, 87 So. 313; Florida East Coast Ry. Co. v. Miami, 86 So. 208. Admiralty is not involved. Thames Towboat Co. v. The Francis McDonald, 254 U.S. 242, 41 S.Ct. 65, 65 L.Ed. 245.

Reversed.

All concur.