Pensacola Electric Co. v. Soderlind

Citations

• 60 Fla. 164

Syllabus

<p>1. If a cause can be fully disposed of without adjudicating constitutional questions raised therein, the courts will generally ignore such questions and dispose of the case on other grounds.</p> <p>2. At common law a cause of action accruing to a plaintiff individually cannot be joined with one accruing to him in a representative capacity, though the two arise out of the same occurrence.</p> <p>3. Clauses of action that exist in favor of a person individually and as an administrator or executor of the estate of another are not “in the same right” within the meaning of the statute permitting causes of action to be joined. In the former, the recovery is in a personal capacity, and in the latter the recovery is in a representative capacity—in the right of another.</p> <p>4. A cause of action accruing to the father of a deceased minor child under section 3147 of the General Statutes and a cause of action accruing to the administrator of a decedent under sec- . tions 3145 and 3140 of the General Statutes cannot be joined in the same declaration.</p> <p>5. Where causes of action are improperly joined in a declaration and a general judgment for the plaintiff is rendered thereon, the judgment will be reversed.</p>