Smith v. City of Miami

This suit was brought by E. A. Smith to enjoin the city from construcing or attempting . to construct a sidewalk along and in front of stated property in the city upon the theory that the particular street is a private street and not a public street or highway. Upon a hearing on bill and answer the Chancellor dismissed' the bill of complaint, and the plaintiff appealed.

The recorded dedication plat of a subdivision called Edgewater, now a part of the City of Miami, states that “the streets, avenues, drives and alleys indicated upon said plat, are' hereby perpetually dedicated to the free use…