Reinschmidt v. Crosby

This is a common law action for damages for trespass to real estate.

It seems that prior to the institution of this action the plaintiff had filed a bill to enjoin the defendant from maintaining a fence across the right of - way in question in this case, and from which the declaration alleged that certain trackage was wrongfully removed. Upon a demurrer being sustained to this bill, an appeal was taken to this Court and the order sustaining the demurrer to the bill was reversed. See 90 Fla. 334, 106 So. R. 126.

In the declaration the plaintiffs briefly allege the filing of this bill and its…