S. H. Kress & Co. v. City of Miami
Supreme Court of Florida
An Appeal from the Circuit Court for Dade County; H. Pierre Branning, Judge.
1Opinion of the CourtBrowne, C. J.
— This is an appeal from the decree of the chancellor permanently enjoining S. H. Kress & Company, its agents, servants and employees from constructing a vault or subway under a sidewalk in the City of Miami, and requiring them to place the sidewalk in the condition in which it was prior to the time any excavation was made thereunder.
We have considered but will not discuss all the assignments of error, but confine ourselves to such as relate to the vital issue; the light of a person owning land .abutting on a street in which he has the fee, to excavate and construct a subway or cellar beneath…
2Cases cited9 opinions
- McCarthy v. . the City of SyracuseNew York Court of Appeals · 1871
- Fisher v. ThirkellMichigan Supreme Court · 1870
- Tacoma Safety Deposit Co. v. City of ChicagoIllinois Supreme Court · 1910
- Gordon v. PeltzerMissouri Court of Appeals · 1894
- Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
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3Cited by10 opinions
- Prior v. WhiteSupreme Court of Florida · 1938
- State Ex Rel. McAuley v. YorkSupreme Court of Florida · 1925
- Swaim v. City of IndianapolisIndiana Supreme Court · 1930
- Goodloe v. City of RichmondCourt of Appeals of Kentucky (pre-1976) · 1933
- City of Fort Worth v. Citizens Hotel CompanyCourt of Appeals of Texas · 1964
5 more not listed; retrieve them via the Exa API.