City of Orlando v. Heard

Citations

• 29 Fla. 581

Syllabus

<p>.1. In a declaration against a municipality-it is alleged that the city possessed and controlled certain sidewalks on Church street and 'Orange avenue in the city, and suffered the same to be and remain in bad and unsafe repair and condition, and that divers planks, wherewith the said sidewalk was laid, were suffered to be and remain broken and unfastened, by means whereof plaintiff was injured: Held, on demurrer to the declaration, that it was not bad because the place where the'cause of action arose is not more specifically set forth ; further, that if the declaration in respect to the allegation of locality was calculated to prejudice or embarrass a fair trial, the defendant could have applied to the court, under the statute, to have it amended in this particular.</p> <p>2. In actions against municipal corporations for injuries received by reason of defective streets or sidewalks, it is not necessary to aver in the declaration that plaintiff was at the time of the injury exercising reasonable care, ancLtha injury happened without his fault. Such an allegation is substantially involved in the averment that the injury complained of was occasioned by the defendant’s negligence.</p> <p>3. In actions against municipal corporations for injuries resulting from a failure to repair streets or sidewalks, the gist of -the action is negligence on the part of the defendant corporation. Such corporations are required to exercise reasonable diligence in repairing defects in streets and sidewalks, after the unsafe condition of the street or sidewalk is known, or ought to have been known, to it, or its officers having authority to act for it, and it is essential to liability in such cases to allege in the declaration facts which show negligence on the part of the cor-, poration. A general allegation that the municipal corporation • negligently suffered and permitted the street or sidewalk to remain out of repair without alleging knowledge of the defect, the time it was permitt