The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1892-02-13


Whether however, it would not be
q diversions of the street from OF
the street purposes, and 'taking''
and ";.npropriation'' for which compensa-
ton must be made, if the necessity for the
viaduct was created by railroad tracks
crossing the street, not presented.
Order affirmed.
| A. w. Cockrell & Son, for appellants;
w. 3. Young, and J. NJ. Bars, for
appellee.
The State Of Florida OK rel. the City Of
| jacksonville, plaintiff, vs.. Jacksonville
| Street Railroad Company, defendant
| Maudlmus.
MABRY, J.
| /. The dominant control Of highways
and streets i, vcsre ed in the legislative pow r
of tue State, and by virtue OF legislative
enactmeni a railroad, operated either by
steam or animal power, may be constrr cted
across or u ."ng them without the consent OF
the munjcipsl authorities.
| g. 1t is competent fer the Legislature to
authorize the construction of a street rail-
way, operated by horse power, as distin-
guished from one Oppfaicd by steam, in
| the public streets. without providing any
compensation to abutiing property-hoders
along the street through which such road
NAV be constructed This is upon the
! theory that such roads are not additional
burdens upon the soil Of the street, but are
legitimate uses of the highway, in further
ancc of the purposes for which they W ere
originally Dedicated.
| g. II is within the power OF the Legls-
lature to delegate 10 municipal corpora
| tons the right to license or permit railroad
companies to lay railroad tracks in the
streets in such manner as not to diver
| them from their original uses; but differ
ence exists between the power OF a NUM-
| cipal corporation to grant corporate iran
chise and the right to permit corporation
vested with such franchise to place railroad
| tracks ia the public streets. 1t the NUM-
| cipal body can ever grant corporate fran
| chse, such power must be expressly Con-
| tered by the Legislature.
| 4. The authority Of a general nature to
regulate aud control the streets usually
granted to municipal bodies is generally
deemed sufficient to clOthe the municipal
body with the right to grant or refuse, or
otherwise to regulate, the use OF the streets
| for street railways operated by horse power
5. The general powers conferred upon
ture, chapter 1888. Laws OF Florida, "a
| amended by the act of 1877, chapter 1924
| to regulate, improve, alter, extend and open
streets, and 10 regulate and control the con-
structon, grading and repairs Of Streets
pavemenls and sidewalks, invested such
bodies with authority to impose by ordl-
nance upon street railways operated by
horses thereafter to be constructed, the
duty TO keep the oItions of the streets be
tween the tracks of said railways and TWO
| feet on each side in as good repair and con-
dition as the city keeps the balance of the
street and of even grade with the street.
6. Under an ordinance requiring street
railway company to keep the portions OF
streets between Its railway tracks and two
| feet on each side thereof in as good repair
and condition as the city keeps the balance
OF the streets, and Of even grade with the
street, il is the duty of said street railway
Company not only to keep the space be-
| tween its tracks and two feet on each side
of even grade with the balance Of the
street, and in as good repair as the city
keeps the balance of the street. but also to
pave the portions of streets between its
said tracks and two feet on each side there
OF when the city paves the balance of the
streets.
l 4.
| by ordinance on q street railway company
| is to keep the portions of streets between
| its railway tracks and two feet on each
side in as good repair and condition rs the
CITY keeps the balance of the street, If the
balance OF the street has III fact been paved
under the supervision and control Of the
| city, and is kept III this condition. this is
| sufficient to REQUIRE said company to pave
under said ordinance and it is immaterial
| that there may have been irregularity in
| the procedure, or departure from pre-
| scrbcd methods Tor procuring the pave
ment of streets.
8 To pave q street is not necessarily to
change its grade, as u paving may be done
| in any way that will make compact, even,
hard surface.
8. Mandamus will lie against street rail-
way company to compel it to perform
clear legal duty TO the public.
Demurrer to answer sustained.
Cooper s. Cooper and 8. K. Foster, for
plaintiff; John E Hartridge, for defendant.
Atlantic & Gulf Coast Canal and Okee-
chobee Land Company, Appellant vs..
A. S. Kinsman, Appellee.-Osceola
| county.
RANRY, Z. j.:
The attorney for appellant fled papers
evidencing q settlement of the litigation,
and then the attorneys who had argued
the cause In this court in behalf OF ap-
pellee moved tor an af1rmance Of the
Judgment to the extent of the amount OF
fees claimed by them for their services,
aud thereupon the appellant moved to
dismiss the appeal on the ground that the
suit had been settled. Motion to dismiss
granted without adjudicating whether or
not the suit had been settled, and without
prejudice TO any rights Of attorneys for
appellee.
| Appeal dismissed.
/ e. K. Foster for motion to dismiss;
Cooper g. Cooper for motion to affirm.
8. Il. Ray, county treasurer Of Brevard
county, appellant, vs. Thomas E. VIII
son, appellee. -Brevard county.