Yon v. Pinellas County Power Co.

• Decision Date: 12 March 1927
• Citation: 112 So. 50,93 Fla. 503
• Parties: YON v. PINELLAS COUNTY POWER CO.
• Court: Florida Supreme Court

112 So. 50

93 Fla. 503

YON v. PINELLAS COUNTY POWER CO.

Florida Supreme Court

March 12, 1927

En Banc.

Error to Circuit Court, Pinellas County; Freeman P. Lane, Judge.

Action by George L. Yon against the Pinellas County Power Company. Judgment for defendant on demurrer to plaintiff's amended declaration, and plaintiff brings error.

Reversed.

(Sullabus by the Court.)

COUNSEL

Bird & Jones, of Clearwater, for plaintiff in error.

Raney & Raney, of Tampa, and Cook & Harris, of St. Petersburg, 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 not providing the plaintiff, defendant's employee, a reasonably safe place in which to work as oiler of machinery used in a power plant for generating electricity.

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., 86 Fla. 338, 98 So. 75; Peterson v. Daniels Co., 83 Fla. 29, 90 So. 621; Wertz v. Tampa Electric Co., 78 Fla. 405, 83 So. 270; McDonald v. Exchange Supply Co., 88 Fla. 80 101 So. 28.

Reversed.

ELLIS, C.J., and WHITFIELD, TERRELL, STRUM, BROWN, and BUFORD, JJ., concur.