Jacksonville Electric Co. v. Schmetzer

Citations

• 53 Fla. 370

Syllabus

<p>1. Grounds of a demurrer, interposed to a declaration, but not argued in the appellate court, will be treated as abandoned.</p> <p>2. Where the only ground of a demurrer interposed to a' declaration in an action for negligence which» is argued in the appellate court is that the declaration is too general in its nature and fails to set forth the “specific acts of negligence” relied upon by plaintiff to charge defendant, such ground of demurrer is so general in its nature as not to require the appellate court to do more than to examine the declaration and determine whether or not there are such essential and vital defects therein as to show no cause of-action against defendant.</p> <p>3-. In actions where negligence is the basis of recovery it is not necessary for the declaration to set out the facts constituting the .negligence, but an allegation of sutilcient acts causing injury, coupled with an averment that they were negligently done, will be sufficient.</p> <p>4. Instructions requested by defendant in an action against it for negligence which are faulty in that they state incorrectly the doctrine concerning the effect of contributory negligence on the part of plaintiff are properly refused by the court.</p> <p>5. A requested instruction, even though it may embrace correct legal principles, is properly refused, when such principles have been fully covered by other instructions or charges given in the case.</p>