Florida East Coast Railway Co. v. Knowles

Citations

• 68 Fla. 400
• 67 So. 122

Syllabus

<p>1. The object of judicial proceedings is to ascertain and to decide upon disputes between parties. In order to do this, it is indispensable that the point or points in controversy be evolved and distinctly presented for decision. The pleadings in an action at law are designed to develop and present the precise points in dispute and they should he characterized with certainty, clearness and conciseness. The administration of justice is a practical affair and the pleadings should not be converted, or rather perverted, into' logomachies or logic-chopping.</p> <p>2. In actions at law where the negligence of the defendant is the basis of recovery, it is not necessary for the declaration to set out the facts constituting such negligence, but an allegation of sufficient acts causing injury to the plaintiff, coupled with an allegation that such acts were negligently done, will be sufficient.</p> <p>3. Where a declaration is filed in an action at law containing unnecessary counts, the trial court is warranted in'h-equiring a compulsory amendment thereof of its own motion, under the provisions of Section 1433 of the General Statutes of Florida.</p> <p>4. A ..special plea tendering an issue covered by the plea of not guilty should be stricken out either on motion of the plaintiff or by the court of its own motion, under Section 1433 of the General Statutes of Florida, as tending to prejudice, embarrass or delay the fair trial of the action.</p> <p>5. The practice of assigning a large or unnecessary number of errors is disapproved.</p> <p>6. There is a clear distinction in the functions performed by a demurrer to a pleading and a motion for the compulsory amendment thereof, and this distinction should be observed. They cannot be used interchangeably and indiscriminately employed, as they are governed by essentially different rules of procedure.</p> <p>7. A case should not be taken from the jury unless the conclusion follows from the evidence as matter of law that no recovery