Jacksonville, Tampa & Key West Railway Co. v. Griffin

Citations

• 33 Fla. 602

Syllabus

<p>1. Where the alleged trespass is one constituting a permanent- and necessary injury to the market value of plaintiff’s fee in the land trespassed on, the failure of the declaration to allege that the plaintiff was in possession of the land at the-time of the trespass does not render the declaration demurrable. J., T. & K. W. R. Go. v. Lockwood ante, p. 573. affirmed! as to right to recover in one action for the entire damage doDe by such an injury.</p> <p>2. The fact that damages for injury of a temporary nature are-claimed in the same count with damages for a permanent and necessary injury does not affect the immateriality of possession as to the right to recovery for the latter injury-</p> <p>3. The fact that there cannot be a recovery under one or more-counts is of itself immaterial when there is in the declaration a count which is sufficient to support the recovery.</p> <p>4. The fact that a count of a declaration may set up many elements that do not enter into the measure of damage? is ncA ground of demurrer. It may be cause, ui-der §1043 R. S., for reforming the count as calculated to embarrass the fair trial of the cause.</p> <p>5. Assignments of error relating to the permission and rejection of different questions propounded to witnesses, will not be considered where neither such assignments nor the briefs point where such questions are to be found in a record of one hundred and ninety-seven pages of testimony, nor they of themselves enable the court to pass upon the proposition presented.</p>