Pereira v. State Road Department

Plaintiffs have appealed a final judgment dismissing their third amended complaint on the ground that it fails to state a cause of action or claim upon- which relief may be granted. The sole question presented for our determination is whether the facts alleged in the complaint are sufficient in law to authorize the relief prayed.

A careful examination of the complaint filed by appellants as a suit at law reveals that the cause of action alleged therein sounds in tort and seeks only a money judgment for damages allegedly suffered by appellants to riparian property owned by them as a result of…