Judges: PER CURIAM. —
Attorneys: Dickenson Diaz, for Plaintiff in Error;
Knight, Thompson Turner, for Defendant in Error.
Filed: Oct. 19, 1927
Latest Update: Mar. 02, 2020
Summary: Plaintiff in error sued the railroad company for injuries which he alleged he had received while attempting to cross the railroad right-of-way at a grade crossing in Brooksville, Florida. A demurrer was sustained to the declaration. Plaintiff declined to amend and a final judgment was entered against him. We believe it would be of no assistance to copy the declaration in this opinion. When a declaration states a cause of action, surplus allegations not eliminated by appropriate motion may be dis
Summary: Plaintiff in error sued the railroad company for injuries which he alleged he had received while attempting to cross the railroad right-of-way at a grade crossing in Brooksville, Florida. A demurrer was sustained to the declaration. Plaintiff declined to amend and a final judgment was entered against him. We believe it would be of no assistance to copy the declaration in this opinion. When a declaration states a cause of action, surplus allegations not eliminated by appropriate motion may be disr..
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The record in this cause having been considered by this Court, and the foregoing opinion prepared under Chapter 7837, Acts of 1919, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the Circuit Court in this cause be, and the same is hereby reversed.
ELLIS, C. J., AND WHITFIELD, TERRELL, STRUM, BROWN, AND BUFORD, J. J., concur.