
    J. H. Wertz, Plaintiff in Error, v. Tampa Electric Company, a Corporation, Defendant in Error.
    
    Decision filed November 10, 1919.
    A Writ of Error to tbe Circuit Court for Hillsborough County, F. M. Robles, Judge. -
    
      Hilton S. Hampton, for Plaintiff in Error;
    
      Knight, Thompson & Turner, for Defendant in Error.
   Per Curiam.

— This writ of error was taken to a judgment for the defendant rendered' upon sustaining a demurrer to the second amended declaration of the plaintiff alleging personal injury by reason of the negligence of the defendant company in operating a street railway car and in employing a motorman for the car.

As the declaration does not wholly fail to state a cause of action, the demurrer thereto was erroneously sustained. See Chap. 6521, Acts of 1913.

Reversed.

All concur.  