Collins v. Godwin

Citations

• 65 Fla. 283
• 61 So. 632

Syllabus

<p>1. The established doctrine that charges and instructions muse be confined to the issues made by the pleadings is applied to the effect that where prospective damages are not alleged or claimed in a declaration it is erroneous to charge the jury they may assess such damages in their verdict.</p> <p>2. In actions by a parent for personal injuries to a child in or- ' der to recover for prospective earning of the child during his minority there must be an allegation in the declaration of special damages in regard thereto, and upon failure to malee such claims the parent can only recover from the time of the injury up to the time of trial.</p> <p>3. A charge can not be said to be harmless which authorized the jury to consider an element of damages, not warranted by the evidence, and which the verdict shows was considered by them.</p>