Wertz v. Tampa Elec. Co.

• Decision Date: 10 November 1919
• Citation: 78 Fla. 405,83 So. 270
• Parties: WERTZ v. TAMPA ELECTRIC CO.
• Court: Florida Supreme Court

83 So. 270

78 Fla. 405

WERTZ v. TAMPA ELECTRIC CO.

Florida Supreme Court

November 10, 1919

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

Action by J. H. Wertz against the Tampa Electric Company. Judgment for defendant sustaining a demurrer to amended declaration, and plaintiff brings error. Reversed.

(Syllabus by Editorial Staff.)

COUNSEL

Hilton S. Hampton, of Tampa, for plaintiff in error.

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

OPINION

PER CURIAM.

This writ of error was taken to a judgment for the defendant rendered upon sustaining a demurrer to the second amended declaration of the plaintiff, alleging personal injury by reason of the negligence of the defendant company in operating a street railway car and in employing a motorman for the car.

As the declaration does not wholly fail to state a cause of action, the demurrer thereto was erroneously sustained. See chapter 6521, Acts of 1913.

Reversed.

All concur.