The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-11-25

Aeuoen b Garnett and his wife, MayyJn-
s'neiL Appellants, VS.. The Jacks,v.;t =
I Augustine and Halifax River R.il-.-
| pany, Appeliees-S Johns COUNTY
EEsTCorT. j
The construction of Il railway 10 b. on.r...s
III steam along the streets of q rsnri.is.i -
npralun 10 ne used for q private puru.up N
khe OF route not authorized by the charter 4 q.
W'mpany proposing to construct il and su,h.,
va only by the municipal corpursrion in a.
pi:tti"n Clearly beyond its powers may be a n
NC nuisance But if 80. it is to be abated Is !.
4ust IN behalf Ot the State The owner Of -
ff-i"'s a0uttlng upon the street over which q,
galway Is proposed TO be constructed hss N, :,
equity 10 enjnIn It's threatened constructim =
Asihllc nuisance, operating TO his special md :.
fuiiar injury, where the road intended TO b. 6.
*fncted Is an ordinary surface railway to b. -.
afaied bv steam
;4Order dlssoiving injunction affirmed
sc. n Cooper. for Appellants; John r -
George [. Walker, for Appelle-s.
fhe State of Florida ex rel. Paran Noodv "a
MARY L. Moody, his wife, Reiatsrs, vs. Jsur
n Baker. Judge. and The Jacksonville r.
nnd Key West Railroad Company Respmi
:ienis-Duval county PrshibliIon.
WEsTcorr. J.;
j. A section or a part of q section of s,s,u,
pEpviding method by a corporation of ereui..
ing the right of compulsory purchase Of and -
ta unconstitutional. II. however, there me -
Gent independent provisions coustitutiouuI :
their character TO provide Q Complete methsd z
proceeding, effect will be given to such -
taaaaed portions OF the act and the cnudemnxim
authorized
~ Section 20 of chapter 1887 being the gznl
s4aiute for the Incorporation of railroads n Il
Sate in 81 far as it authorizes q raiirsad -
IEsDy which has not acquired title to land ~
which II has constructed ifs track 10 have snan
Itsisal of the damages done to the owner -
II to remain IN Possession during the penaene
4 the proceedings, and . have STAY Il n -
toes pending against the csmpauy on nnnsm1
ite-eOf. on such company paving into euurts
Sufficient sum 10 pay the Compensation thesefE
Tben finally ascertained Is constitutional N
r. hts of the several parties under this ssctimm
fyr as it controls this case determined 30 =.
"A there sufficient and adequate means 70 asns.
tein the value of the land constitutioually -
s9ribed and fixed by the 14th Section Of the am
ski.
1 B. The mode or method of exercising fheTigA
n eminent domain in the absence IF any 20
Nsi3n IN the organic law regulating b
Within the discretion of the LegnlsfzR
Iffe limitation ID that it shall be exneisa
fTr public purpose with just compensati1a -
VISITING the power of ascertaining Il IN esmt
aSd appraisers IL constitutional II n2Be
eVsary that the owner shall have the right MI
re act to institute the proceeding to csadsn
'ee property or that his rights of action shsua
n increased
a In cases of action by landowners sszi2
r3atroad companies the Legislature M -
sAswer to prescribe reasonable rules s1EgzB
sacE as seek to dispOssese the compaHy -
ing constitutional proceedings of condrnna1n
bt il.
Is Prior occupation Of the land vithmf .
tf3ori'y of law, even though ii be 9 trespnA -
NOT preclude the company from taking -
qsent measures authorized by law to cund1
tte land for it's use
;a This cnurt will not issue writ Of pSbb
ti4n To the Circuit Court when il il aefing Va
ir2its constitutional powers in the enfoFctnz
of the constitutional provisions of the act 80
Named
Writ OF Prohibition denied.
y. NJ. Englr, for Realtors; Fleming & IN
III for Respondents.