Atlantic Coast Line Railroad v. Wauchula Manufacturing & Timber Co.

Citations

• 67 Fla. 27

Syllabus

<p>Where mere negligence is alleged, and the plea avers a valid release “from all liability * * caused by the negligence of said defendant as alleged in said declaration,” a contract exempting the defendant from liability, “excepting such injury, loss or damage as may be directly occasioned by the gross' negligence of the” defendant, is not fatally variant from the averments of the plea.</p>