78 Fla. 89 | Fla. | 1919
— The plaintiff brought an action of trespass against the defendant in the Circuit Court of Dade County, Florida, alleging that with force and arms defendant broke and entered upon and into a dwelling house of the plaintiff, making great noise, etc., and remained in such house for 34 days, etc., etc. The trespass is alleged to have commenced on November 15th, 1916, and continued for said 34 days. The other two counts of the declaration are somewhat similar. The defendant relied upon a plea of not guilty. During the trial the plaintiff by order of the court upon her motion, was allowed to amend her declaration by making the date read “14th” instead of 15th.
There were objections to testimony and motions to strike testimony by defendant, assigned as error. The court below was very liberal to the defendant in the matter of admission and rejection of evidence, and the writer is unable to find harmful error to defendant in the rulings complained of.
The giving of certain charges are assigned as error. The charges appear not to be unfair to the defendant, and the writer assumes that the charge as a whole fairly submited the issue' and the question of damages to the jury. It seems to be conceded by counsel in argument that the charges were given at defendant’s request, and this concession would estop the plaintiff in error from complaining about the giving of charges requested by it.
The defendant requested two charges, and assigns’ the court’s refusal to give them as error. This was- not a case for an affirmative charge for defendant, and what has been said about the issue having been submitted fairly to the jury disposes likewise of assignment of error No. 23.
The sufficiency of the evidence to support a verdict for punitive damages in the sum of $500.00 is questioned by the remaining assignment of error. The, assumption is that the jury were correctly instructed as to the law of, the case and when such damages could be awarded, and in allowing the sum they did that .they acted from a consideration of the evidence and of the facts and circumstanecs of the case. It appears that the plaintiff was the owner of the property in question. She went to Atlantic City leaving the house unrented -and unoccupied,
The writer thinks that great care and caution is required of any one assuming to act for and in the name and stead of another, and such an one must be sure that no.power be exercised'or attempted unless clearly within the scope o.f delegated authority, hence the rule that a principal is only bound by the act of an agent
The writer thinks the judgment of the Circuit Court should be affirmed, with costs.
Per Curiam. — The record in this cause having been considered by this court, and the foregoing opinion prepared under Chápter 7837, Acts' of 1919, adopted by the court as its opinion, it is considered, ordered and adjudged by the court that the judgment herein be and the same is hereby affirmed.