Jacksonville, Tampa & Key West Railway Co. v. Adams
Supreme Court of Florida
Appeal from the Circuit Court for Volusia county.. STATEMENT. The appellant instituted proceedings under the act of -February 12th, 1885, Chapter 3595, as amended by the act of June 8th, 1887, Chapter 3712, p. 31 acts of 1885, and p. 82, acts of 1887, authorizing railroad and canal companies to condemn lands of private individuals for their use.
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Appeal from the Circuit Court for Volusia county.. STATEMENT. The appellant instituted proceedings under the act of -February 12th, 1885, Chapter 3595, as amended by the act of June 8th, 1887, Chapter 3712, p. 31 acts of 1885, and p. 82, acts of 1887, authorizing railroad and canal companies to condemn lands of private individuals for their use. The fourth section of the amendatory act provides, inter alia: ‘ ‘The jury shall view the land described in the petition, hear the allegations of the parties, and shall appraise, ascertain and determine the value of each tract or parcel of land…
1Opinion of the Court
Raney, C. J. :
The condemnation proceedings in which the appeal now before us was entered are set forth in the case of the J., T. & K. W. Ry. Co. vs. Adams, 28 Fla., 631, 10 South. Rep., 465. As there shown, objections were filed to the report of the jury, and on August 10th, 1891, the Circuit Judge made an order sustaining the exceptions and protests and refusing a confirmation of the report, and also refusing “to order further proceedings in this matter, on the ground of the unconstitutionality of the law authorizing the same,” and dismissed the case.
The contention of the appellees is in…
2Cases cited11 opinions
- North Missouri Railroad v. LacklandSupreme Court of Missouri · 1857
- Baltimore & Havre-de-Grace Turnpike Co. v. Northern Central Railway Co.Court of Appeals of Maryland · 1860
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1891
- Louisville, New Orleans & Texas Railroad v. RyanMississippi Supreme Court · 1886
- Coon v. Mason CountyIllinois Supreme Court · 1859
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3Cited by3 opinions
- Jacksonville, Tampa & Key West Railway Co. v. AdamsSupreme Court of Florida · 1894
- State Ex Rel. Jones v. WiseheartSupreme Court of Florida · 1971
- Atlantic, Suwannee River & Gulf Railway Co. v. StateSupreme Court of Florida · 1900