N. B. Borden & Co. v. Western Union Telegraph Co.

Citations

• 32 Fla. 394

Syllabus

<p>PRACTICE — DEMURRER.</p> <p>In an action on the case for damages, if the declaration makes a ' case entitling the plaintiff to any recovery whatever,even though it be only nominal damages, a demurrer will not lie thereto because it claims other or greater damages than the case made legally entitles the plaintiff to recover; demurrer not being the proper way to test the extent of the recovery to be had.. Such questions are properly raised and settled by objections to testimony at the trial, or in the shape of instructions to the jury as to the law applicable to the points raised.</p>