
    J. W. Peterson, Plaintiff in Error, v. Oscar Daniels Company, a Corporation, Defendant in Error.
    
    Decision Filed January 19, 1922.
    A Writ of Error to the Circuit Court for Hillsborough County; F. M. Robles, Judge.
    
      Gibson & Biherd, for Plaintiff in Error;
    
      Knight, Thompson & Turner, for Defendant in Error.
   Per Curiam.

In an action for- personal injuries, judgment was rendered for the defendant on a demurrer to the declaration and plaintiff took writ .of error. The declaration is needlessly prolix, but as the allegations do not by repugnance- destroy each other, and as the declaration does not wholly fail to state a cause of action,- the demurrer should have been overruled. See Catts v. Henderson, 81 Fla. 138, 87 South. Rep. 313; Florida East Coast Ry. Co. v. City of Miami, Fla. 80 Fla. 329, 86 South. Rep. 308. Admiralty is not involved. 254 U. S. 242.

Reversed.

All concur.  