West v. E. J. Blackshear & Co.
Supreme Court of Florida
Appeal from the Circuit Court for Jackson county. Blackshear & Co. sued West for damages for injuries to their horse, occasioned by the defendant’s negligence. The declaration contains two counts.
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Appeal from the Circuit Court for Jackson county. Blackshear & Co. sued West for damages for injuries to their horse, occasioned by the defendant’s negligence. The declaration contains two counts. The first count in substance alleges that the defendant, on or about the first day of December, A. D. 1882, hired from the plaintiff' a horse, and that while he had the same on hire, he treated it in such a careless and negligent manner that the horse became wounded, damaged, sick, lame, and deteriorated in value. The second count alleges that the defendant imprudently, carelessly and negligently…
1Opinion of the CourtJustice VanValkenburgh
The first error assigned cannot be maintained. The specific date of the injury, as charged in the complaint, is of no consequence. The statement of the time of committing the injuries is seldom material; and in a case of this character, it may be proved to have been committed on a day *461anterior or subsequent to that stated in the declaration. The declaration alleges “ that the plaintiffs, on or about the first day of December, A. D. 1882, at the defendant’s request, let to him, and delivered to defendant, a certain horse, &c.” That in pursuance of such letting, the défendant promised to use…
2Cases cited3 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Baker v. StateSupreme Court of Florida · 1879
- Bank of Mobile v. HugginsSupreme Court of Alabama · 1841
3Cited by8 opinions
- Williamson v. PhillipoffSupreme Court of Florida · 1914
- Baker v. ChatfieldSupreme Court of Florida · 1887
- Florida East Coast Railway Co. v. WelchSupreme Court of Florida · 1907
- Van Cott v. WallUtah Supreme Court · 1918
- Peacock Motor Company of Marianna, Inc. v. EubanksDistrict Court of Appeal of Florida · 1962
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