Legal Opinion

Geiger v. Filor

Supreme Court of Florida

Decided July 1, 1859PublishedCited by 19 opinions

This case was decided at Tallahassee. Appeal from Monroe Circuit Court. On the 28th day of November, 1854, a contract was entered into between tbe city of Key West, by John W. Porter, Mayor of.said city, of the first part, and John H. Geiger, D. Davis and Hiram Benner, of tbe second part,, as follows, viz: “ That tbe said party of the first part do hereby grant' unto the party of the second part, their administrators’ and assigns, the privilege and use of the westerly end of…

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This case was decided at Tallahassee. Appeal from Monroe Circuit Court. On the 28th day of November, 1854, a contract was entered into between tbe city of Key West, by John W. Porter, Mayor of.said city, of the first part, and John H. Geiger, D. Davis and Hiram Benner, of tbe second part,, as follows, viz: “ That tbe said party of the first part do hereby grant' unto the party of the second part, their administrators’ and assigns, the privilege and use of the westerly end of Green street, on the Island of Key West, for the purpose of building a city wharf, extending to the channel of the…

1Opinion of the CourtBaltzell, C. J.

Railroads in cities or towns cannot with ]3ropriety be termed nuisances. They are decided not to be such in numerous cases, both by English and American Courts. They are in use in the principal cities of Europe and this country, arid, when regulated by proper restrictions, are valuable aids to commerce. Nor could it well be otherwise. A road of this kind presents but a smoother surface for a wagon or carriage than that which prevails in the adjacent part of a street, thus giving facility instead of raising obstruction to the movement of produce or the transfer of passengers. Nor are wharves…

2Cases cited4 opinions

  1. President of Cincinnati v. Lessee of WhiteSupreme Court of the United States · 1832
  2. Barclay v. Richard W. Howell's LesseeSupreme Court of the United States · 1832
  3. Rowan's Ex'rs v. Town of PortlandCourt of Appeals of Kentucky · 1847
  4. Kennedy's Heirs v. Trustees of CovingtonCourt of Appeals of Kentucky · 1839

3Cited by19 opinions

  1. Lovett v. StateSupreme Court of Florida · 1892
  2. State v. Black River Phosphate Co.Supreme Court of Florida · 1893
  3. Coastal Petroleum v. American CyanamidSupreme Court of Florida · 1986
  4. Perry v. New Orleans, Mobile & Chattanooga RailroadSupreme Court of Alabama · 1876
  5. Apalachicola Land & Development Co. v. McRaeSupreme Court of Florida · 1923

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