Louisville & Nashville Railroad v. Marianna Lime Products Co.

Supreme Court of Florida

Louisville & Nashville Railroad v. Marianna Lime Products Co.

158 So. 115, 117 Fla. 327, 1934 Fla. LEXIS 1261

Supreme Court of Florida·Decided November 30, 1934·Published

Opinion

Per Curiam.

This writ of error was taken to a judgment for the' defendant in an action to¡ recover on demur-rage charges for cars of the plaintiff which were loaded, held a number of days and then unloaded by the defendant. The rules on demurrage adopted by the State authority do not appear to cover demurrage for the particular facts as to loading and unloading cars shown in this case; but there were common counts in the amended declaration to which pleas were filed. The charges of the court contained statements of law that had reference to issues on counts, of the declaration respecting claims of the plaintiff under demur-rage rules which rules do not appear applicable to the facts shown.

The trial proceedings should have been upon the issues under the common counts of the declaration, without confusing proceedings on inappropriate counts.

Reversed for appropriate proceedings.

*328 Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.

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Per Curiam.

This writ of error was taken to a judgment for the' defendant in an action to¡ recover on demur-rage charges for cars of the plaintiff which were loaded, held a number of days and then unloaded by the defendant. The rules on demurrage adopted by the State authority do not appear to cover demurrage for the particular facts as to loading and unloading cars shown in this case; but there were common counts in the amended declaration to which pleas were filed. The charges of the court contained statements of law that had reference to issues on counts, of the declaration respecting claims of the plaintiff under demur-rage rules which rules do not appear applicable to the facts shown.

The trial proceedings should have been upon the issues under the common counts of the declaration, without confusing proceedings on inappropriate counts.

Reversed for appropriate proceedings.

*328 Davis, C. J., and Whitfield, Terrell and Buford, J. J., concur.

Louisville & Nashville Railroad v. Marianna Lime Products Co., 158 So. 115, 117 Fla. 327, 1934 Fla. LEXIS 1261 (Fla. 1934).

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158 So. 115 (Louisville & Nashville Railroad v. Marianna Lime Products Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.