Jacksonville Electric Co. v. Batchis

Citations

• 54 Fla. 192

Syllabus

<p>1. Such damages as the law holds to be the direct, natural and necessary result of the injury complained of may be recovered under a general — allegation of damage, for the reason that the defendant is resumed to know the damages that directly and necessarily result from the negligence, and consequently will not be taken by surprise when evidence of such damage is admitted.</p> <p>2. Special damages are such as are not the necessary, but the direct, natural and proximate result of the negligence complained of, and the defendant is not presumed to know of them; therefore such special damages should be specifically alleged, unless they are fairly included in other damages alleged, or unless the law infers them from the facts stated.</p> <p>3. In an action for damages for personal injuries where the declaration alleges special damages in specified amounts incurred in medical attention, board for the plaintiff and nurse, medicine and attendance, rent for plaintiff’s place of business, servant hire at plaintiff’s place of business and injuries sustained and pain and suffering endured, making a given total amount claimed as damages, and no general damages are alleged,- amount* paid for rent as alleged may be proven and recovered, but damages for loss to plaintiff of earnings in her occupation cannot be recovered, as such loss is not fairly included in any damages stated and cannot be inferred from other allegations, therefore, evidence of such loss of earnings should not be admitted if properly objected to.</p> <p>4. In an action for damages for personal injuries, the condition of plaintiff’s health more than a year before the injury complained of is not in general material where there is evidence as to the condition of the plaintiff’s health a short time before the injury.</p> <p>5. A declaration which alleges that a passenger, on a street car that has stopped, who was near the door leaving the car, when the car without signal or notice started again and was by the ca