Paty v. Town of Palm Beach

BARNS, J.:

The trial court sustained a demurrer to the appellant’s declaration and, appellant not electing to further amend, the Court entered a final judgment against the appellant-plaintiff and he appeals and assigns as error the sustaining of defendant’s demurrer.

The substance of the question presented as flowing from appellant’s assignments of error is:

“Is a trespass or wrong made to appear when a municipal corporation builds a groin from the shore of the Atlantic Ocean out into the waters of the ocean, and the groin changes the natural action and the currents of the ocean so as to cause…