Atlantic Coast Line R. Co. v. Kickliter

• Decision Date: 14 October 1947
• Citation: 159 Fla. 516,32 So.2d 166
• Parties: ATLANTIC COAST LINE R. CO. v. KICKLITER et al.
• Court: Florida Supreme Court

32 So.2d 166

159 Fla. 516

ATLANTIC COAST LINE R. CO. v. KICKLITER et al.

Florida Supreme Court

October 14, 1947

G. L. Reeves and LeRoy Allen, both of Tampa, for petitioner.

Tillman & McEwen, Hency C. Tillman, and James M. McEwen, all of Tampa, for respondents.

TERRELL, Justice.

This is an appeal by certiorari from an interlocutory decree restraining petitioner from locating, constructing or operating a line of railways on and over that portion of Thirtieth Street lying between Osbourne Avenue and Chelsea Street and that portion of Chelsea Street lying between Thirtieth Street and the vitus branch of the Atlantic Coast Line Railroad in Tampa, Florida. There is also a cross-appeal challenging that part of said judgment holding that the Tampa Electric Company acquired title to its roadbed by adverse possession, based on long use.

We have examined the record and the briefs and we are convinced that the judgment appealed from should be affirmed as to the main appeal, on authority of Seaboard Air Line Railway v. Southern Investment Co., 53 Fla. 832, 44 So. 351, 13 Ann.Cas. 18, and certiorari denied. Since this appeal is from an interlocutory decree granting a temporary injunction, we withhold our judgment as to cross-appeal till the case reaches us on the merits, so certiorari is denied as to cross-appeal.

THOMAS, C. J., and CHAPMAN and SEBRING, JJ., concur.