Sunday v. Louisville & Nashville Railroad
Supreme Court of Florida
This case was decided by the Court En Banc. Writ of error to the Circuit Court for Escambia County. The facts in the case are stated in the opinion of the court.
1Opinion of the CourtWhitfield, C. J.
— In condemnation proceedings a judgment for $4000.00 was rendered as compensation for the property. The defendant took a writ of error and contends that the compensation is insufficient.
At the trial the-court at the request of the petitioner charged the jury that “In fixing the market value of the property, the jury are not authorized to take into consideration the enhancement in the value of the property, if any, caused by the proposed improvement of the property for depot or right of way purposes by the railroad company. The market value irrespective of the proposed improvement is the…
2Cases cited2 opinions
- Newgass v. Railway Co.Supreme Court of Arkansas · 1891
- Chicago, Kansas & Western Railroad v. ParsonsSupreme Court of Kansas · 1893
3Cited by9 opinions
- State Road Department v. ChiconeSupreme Court of Florida · 1963
- DEPARTMENT OF TRANS. OF STATE OF FLA. v. NalvenSupreme Court of Florida · 1984
- Staninger v. Jacksonville Expressway AuthorityDistrict Court of Appeal of Florida · 1966
- Anderson v. State Road DepartmentDistrict Court of Appeal of Florida · 1967
- Casa Loma Springs Development Co. v. Brevard CountySupreme Court of Florida · 1927
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