Hildreth v. Western Union Telegraph Co.

Citations

• 56 Fla. 387

Syllabus

<p>1. Under the statutes of this State a demurrer may be interposed to a pleading only for matters of substance in stating a cause of action or matters of defense. Where a pleading alleges a cause of action for any relief or states any substantial matter of defense, it is not subject to demurrer even though it contains irrelevant, immaterial or improper matters. Such matters contained in a pleading may be reached upon proper application by motion to strike or for compulsory amendment under the statute.</p> <p>2. Matters contained in a pleading that are wholly irrelevant or improper, serve no useful purpose and tend to prejudice or embarrass a fair trial of an action, and upon proper motion may under the statute be stricken or amended.</p> <p>3. Claims for damages should be supported by. sufficient allega- • tions in the declaration; and any such claims that have no legal basis in sufficient allegations are irrelevant and immaterial.</p> <p>4. Where a declaration states a cause of action for at least nominal damages, but contains claims for damages that cannot be predicated upon, or have no legal basis in, the allegations of the declaration, such claims being irrelevant and improper and tending to embarrass a fair trial of the action, may, under the statute, be stricken upon proper application by motion.</p> <p>5. Where a motion to strike or to amend a pleading is made under the statute, the court is expressly authorized to make a proper order respecting the pleading; and this may be done even though the motion be not entirely appropriate in its terms.</p> <p>6. Public utility corporations should, as contemplated by .law, be required to furnish a prompt and efficient service reasonably adequate to meet the just demands of the public, and to respond in damages for negligent injuries; but, as also contemplated by law, they should not be required to compensate injuries for which in law they are not responsible.</p> <p>7. Where a telegraph company negligently fails to pe