Bucki v. Cone

Citations

• 25 Fla. 1

Syllabus

<p>1. Action on the case, and not trespass m et amis, is the proper remedy for damage to the reversioner, both in relation to real-and personal property, and under our statute the venue may be either in the county where the cause of action accrued, or in the county of the residence of the defendant.</p> <p>~2. A declaration is not faulty in omitting to set forth facts that are more properly matters of evidence, when its general allegations include the facts and are not mere conclusions of law.</p> <p>.8. A partnership may be sued for a tort, and if one of the partners dies pending the suit, an order to carry it on against the survivor is proper, and a judgment against the survivor will not be error, there being no question of debt, or of the rights of creditors of the partnership involved.</p> <p>■4. Rivers in which the tide ebbs and flows are navigable streams at common law, and in this country all rivers are regarded as navigable as far up as they may be conveniently used at all seasons of the year for the purposes of commerce, and also when declared by statute to be navigable ; but further than this, what constitutes a navigable stream, so far as to make it a public highway, is a question of fact to be determined by the natural conditions in each case. A stream of sufficient capacity and volume of water to float to market the produots of the country, of whatever kind or however floated, will answer the latter conditions of navigability ; and it is not essential that the stream should be continuously in a state suited to the floatage.</p> <p>5. The Suwannee river at and above White Springs, in Hamilton county, held on the evidence to be a navigable stream and public highway for the floatage of logs.</p> <p>O. But as the statute authorizes the building of a bridge across-such a stream, if built so as not to obstruct or unreasonably impede navigation, the floatage of logs must be with due and reasonable regard to the rights of the bridge owner. If he provides-suffic