Seaboard Air Line Railway v. Scarborough

Citations

• 52 Fla. 425

Syllabus

<p>1. Errors assigned and not argued will be treated as abandoned. Where one of the errors assigned is based upon the overruling of the motion of defendant for a compulsory amendment of the declaration, and such motion consists of a number of grounds, an appellate court will consider only such grounds as are argued.</p> <p>2. The granting or denial of a motion for the compulsory amendment of a pleading, based on Section 1043 of the Revised Statutes of 1892, is a matter resting within the sound judicial discretion of the trial court, since such court must determine whether or not. the pleading so sought to be reformed is “so framed as to prejudice or embarrass or delay the fair trial of the action,” and the ruling f o the trial court thereon will not be disturbed by an appellate court, unless it is plainly made to appear that there has been an abuse of this judicial discretion.</p> <p>3. In an action by a plaintiff against a railroad company for wrongful expulsion from defendant’s train an allegation in the declaration that plaintiff became a passenger in a certain train of defendant to be carried from a certain designated station to a certain designated station for a certain reward paid to the defendant is sufficient as against a motion for a compulsory amendment of the declaration seeking to have stated therein “whether plaintiff was on such train as a passenger by being the holder of a ticket purchased.”</p> <p>4. Where issue has been joined on all of defendant’s pleas, except one as to which a motion to strike has been filed, prior to the beginning of a term of court, and such cause has not been entered by the Clerk on the trial docket by reason of the pending motion, the trial court has the power, after disposing of such motion, to order such ease placed on the docket for trial at such term.</p> <p>5. The denial of a motion for a continuance by the trial court will not be cause for reversal by an appellate court, unless a palpable abuse of judicial discretion is