Kneeland v. Tampa Northern R. R. Co.Kneeland v. Tampa Northern R. R. Co.
*1 рleader the conclusion fаiling o£ -and to state that it powеr was within the of the defendant to remove the cloud subject his title was on to demurrer and there was no error sustaining the same. The ordеr sustaining the demurrer is affirmed. Curiam. —The record in this cause and the forеgoing opinion preparеd Acts adopted by considered, it is the Court that the order of the Cirсuit be, and the same is affirmed.
Affirmed. Buford, Tampa H. F. in Error, Kneeland, Northern Plaintiff in Railroad Company, a Cоrporation, En Banc. *2 Error; Diaz,
Dickenson & for Plaintiff in Knight, Thompson Turner, & for in Judge: Cirсuit Chillingworth, Plaintiff in company injuries- errоr sued the railroad for allegеd he he attempting which had reсeived while to cross right-of-way grade crossing Brooksville, the railroad aat in Florida.
A demurrer was sustained to the declaration. Plаintiff judgment declined to amend and a final was entered against him. copy
We believe it would be of no assistance to
the
opiniоn.
declaration
this
When a
a
dеclaration states
actiоn, surplus allegations
by
cause оf
ap-
not eliminated
propriate
may
Prevatt,
disregarded.
mоtion
be
Stinson v.
416,
84 Fla.
94
In
negligence
Sо. 656.
actions where
is the
necessary
recovery,
it is not
for the declaration to
basis
constituting
allega-
an
negligence,
the facts
the
but
set out
causing
injury, couрled
with an
of sufficient acts
tion
thеy
negligently done,
averment
that
wеre
will be suf-
Railway
Rentz,
Air Line
Fla.
ficient.
Co.
60
Seaboard
Ry.
13;
Air Line
Co. v.
Goоd,
54 So.
Seaboard
Fla.
While a cause action.
Reversеd. Curiam.-—Tlie record in this foregoing and the opinion preparеd 1919, adopted by Acts of the Court it is сonsidered, judgment that the of the Circuit be,
cause and the same is reversed.
and Buford, Booth, Gertrude S. as Administratrix Estate John F. Snelson, Deceased; Gertrude Booth, S. and Her Husband, John Booth; S. Ina J. Wrench, and Her Husband, Frank Wrench, F. R. Snelson May Hulda Snelson, a Minor, Appellants, F. H. and Lelia H. Bobbitt, Bobbitt Wife, Appellees. His
Division A.