Turner v. Pine

The appellants, who were defendants in the trial court, suffered a final judgment in the amount of $1500 after a jury trial. On this appeal the principal point presented urges that the appellants are entitled to a reversal because the proof at trial did not establish liability 'under the allegations of the complaint. The complaint was framed upon a theory of negligent nuisance and trespass. Appellants rely principally upon Beckman v. Marshall, Fla.1956, 85 So.2d 552. In the Beckman case the Supreme Court reversed a decree which (1) enjoined the appellant from operating a day nursery and (2)…