Savannah, Florida & Western Railway Co. v. Geo. W. Tiedeman & Bro.

Citations

• 39 Fla. 196

Syllabus

<p>1. It is error for the court to submit a case to the jury for a finding-on facts stated in the charge of the court hut not put in evidence, and such a submission, under circumstances calculated to prejudice the opposite party, will cause a reversal of the judgment.</p> <p>2. A plaintiff is confined in his recovery to the cause of action alleged in his declaration, and the court should not go outside of the issues raised by the pleadings in submitting the case to-the jury.</p>