Crum v. Sumter County

Citations

• 68 Fla. 122

Syllabus

<p>1. In an action against a municipal corporation for negligent injuries, tbe gist of tbe action is tbe negligence for which the corporation is liable; and it is essential to allege in the declaration ultimate facts showing the relation out of which arose the duty of the corporation to exercise appropriate care with reference to the rights of the plaintiff, and also the negligent act or omission or commission for which the corporation is responsible, that proximately caused the injury complained of, the specific ultimate fact that actually caused the injury being duly alleged so that a definite issue may be presented for trial.</p> <p>2. Where a county is authorized by law to grade and improve its streets as the public good requires, and there is no statute or valid contract providing for consequential damages incurred, a declaration claiming damages for injury to property caused by grading and improving the streets, is demurrable when the declaration contains no allegation of a diversion of the street from proper street purposes or of a physical invasion of or trespass upon the property, or of malice, negligence or unskillfulness in the use or improvement of the street for street purposes to the injury of the plaintiff.</p>