Colle v. Acl Rr. Belgian Azaleas Inc. v. Acl Rr.

THOMAS, J.:

The actions of Júles J. Colle and Belgian Azaleas, Inc., a corporation, were based upon the same set of facts, conse quently, they were consolidated and tried as one. No distinction appearing in the record except in the ownership of the property, for the destruction of which the plaintiffs sought damages, we will, in our discussion, deal with the question involved as if a single suit had been instituted.

It was charged in the declaration that the defendant, Atlantic Coast Line Railroad Company, operated trains on a track maintained by it in Seminole County, near Casselberry,…