Legal Opinion

Florida Central & Peninsular Railroad v. Ocala Street & Suburban Railroad

Supreme Court of Florida

Decided January 15, 1897PublishedCited by 17 opinions

Appeal from the Circuit Court for Marion county. STATEMENT. The bill in this case was filed by appellee, as complainant, against appellant, as defendant.

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Appeal from the Circuit Court for Marion county. STATEMENT. The bill in this case was filed by appellee, as complainant, against appellant, as defendant. It alleges that complainant was incorporated for the purpose of operating and maintaing a street railroad in and near the city of Ocala, Florida, and that thereafter, in September, 1889, by an ordinance of the city of Ocala, a ■copy of which was attached to and made a part of the bill as exhibit “A,” complainant was authorized and empowered to build, maintain and operate a line of railroad in, through, over and upon all the streets, lanes…

1Opinion of the Court

Maury J.:

There is no plat accompanying the bill filed in this •case showing the definite location of the streets of the locus in quo, but from the allegations in the bill itap*320pears that the track of the appellee company was laid in Magnolia street from the public square north to North Sixth street, and then deflected westward on the latter street to the old station of the appellant company, situated just west of the northern end of Magnolia street. Prom the entire bill it is clearly shown that the street railroad company did not occupy any portion of Magnolia street north of North Sixth…

2Cases cited8 opinions

  1. Davis v. . the Mayor, C., of New-YorkNew York Court of Appeals · 1856
  2. Birmingham & Pratt Mines Street Railway Co. v. Birmingham Street Railway Co.Supreme Court of Alabama · 1885
  3. Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
  4. Jacksonville Electric Light Co. v. City of JacksonvilleSupreme Court of Florida · 1895
  5. McGee's AppealSupreme Court of Pennsylvania · 1887

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3Cited by17 opinions

  1. State ex rel. Ellis v. Tampa Water Works Co.Supreme Court of Florida · 1908
  2. Hardee v. BrownSupreme Court of Florida · 1908
  3. City of Tampa v. Tampa Waterworks Co.Supreme Court of Florida · 1903
  4. Atlantic Coast Line Railroad v. City of LakelandSupreme Court of Florida · 1927
  5. Savage v. ParkerSupreme Court of Florida · 1907

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