Griffin v. Jacksonville, Tampa & Key West Railway Co.

Raney, C. J.:

This is an action of ejectment instituted by the appellant January 19th, 1891, against the appellee to recover possession of that part of Rose street in the ■city of Palatka lying between the center of the street .and Blocks numbered 212, 213, 214 and 215, according to John Dick’s map of that city, such blocks abutting on the west side of that street. There was trial by jury .resulting in a verdict for the defendant and judgment thereon.

There is testimony tending to show that the occupation of the street by the defendant with its railroad was by consent of the plaintiff, and it…