Hawkins v. Shore Acres Properties
Emma Hawkins, a Widow, Plaintiff in Error, v. Shore Acres Properties, a Corporation, Defendant in Error
Opinion of the Court
Per Curiam.
This writ of error was taken to a judgment for the defendant upon demurrer to a declaration alleging a wrongful death caused by the negligence of defendant.
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 South. Rep. 75 ; Peterson v. Daniels Co., 83 Fla. 29 , 90 South. Rep. 621 ; Wertz v. Tampa Electric Co., 78 Fla. 405 , 83 South. Rep. 207 ; McDonald v. Exchange Supply Co., 88 Fla. 80 , 101 South. Rep. 28 ; Yon v. Pinellas Power Co., filed at this term.
Reversed.
*671 Whitfield, P. J., and Terrell and Buford, J. J., concur.
Ellis, C. J., and Strum and Brown, J. J., concur in the opinion.
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