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99 Fla. 371

126 So 759

Porter v. Sprague

Supreme Court of Florida

Decided February 15, 1930

Supreme Court of Florida · decided 1930-02-15

Relies on Georgia, Florida & Alabama Railway Co. v. Andrews

Decided 1930-02-15

Brown, J.

¶1 (dissenting).—While uncertain and ambiguous, I do not think the declaration so entirely lacking in the essential of a cause of action as to authorize the reversal of the judgment. The defendants plead to the declaration without demurrer. After verdict and judg *374 ment, all reasonable intendments should be indulged in support of an ambiguous pleading especially where it was not objected to in the trial court on that ground. G. F. & A. Ry. Co. v. Andrews, 61 Fla. 246, 54 So. R. 461; Woodcock v. Wilcox, 122 So. R. 789. It may be that the judgment should be reversed for other reasons, but I cannot think it should be reversed for the reason stated.

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