Jarrett Lumber Corp. v. Christopher
| Decision Date | 22 April 1913 |
| Citation | 61 So. 831,65 Fla. 379 |
| Parties | JARRETT LUMBER CORPORATION v. CHRISTOPHER et al. |
| Court | Florida Supreme Court |
Error to Circuit Court, Jackson County; D. J. Jones, Judge.
Action by Maggie Christopher and another against the Jarrett Lumber Corporation. Judgment for plaintiffs, and defendant brings error. Affirmed.
Syllabus by the Court
The construction of a steam railroad track and the running of steam railroad trains thereon is an added burden upon a street, not contemplated by a mere dedication of land for ordinary street purposes, and for such added burden the owner of the soil has appropriate remedies.
In an action of trespass quare clausum fregit against a railroad company for constructing and operating a railroad over plaintiff's land covered by the street, the entire damage done to plaintiff's abutting property by the construction and proper operation of the railroad may be recovered in an action, and the recovery should not be limited to damage sustained anterior to the commencement of the action.
A log railroad may be a 'permanent structure.'
COUNSEL Paul Carter, of Marianna, for plaintiff in error.
R. H Buford, of Marianna, and Avery & Price, of Pensacola, for defendants in error.
This action was brought by the defendants in error to recover damages for a trespass committed by the corporation in constructing without permission a steam railroad track on a street abutting plaintiffs' lands; the soil of the street on which the railroad was built being the property of the plaintiffs subject to the street easement. There was a plea of not guilty, and verdict and judgment for the plaintiffs. The defendant took writ of error, and contends here that the trial court erred in not limiting the recovery to the damages which accrued before this action was brought, and that the recovery is excessive.
The construction of a steam railroad track and the running of steam railroad trains thereon is an added burden upon a street, not contemplated by a mere dedication of land for ordinary street purposes, and for such added burden the owner of the soil has appropriate remedies. See Seaboard Air Line Ry. v. Southern Inv. Co., 53 Fla. 832, 44 So. 351 13 Ann. Cas. 18; Jacksonville, T. & K. W. Ry. Co. v Lockwood, 33 Fla. 573, 15 So. 327.
In an action of trespass quare clausum fregit against a railroad company for constructing and operating a railroad over plain...
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Kendry v. State Road Dept., 1045
...Constitution. Seaboard Air Line Ry. v. Southern Investment Company, 1907, 53 Fla. 832, 44 So. 351, 355, 357; Jarrett Lumber Corporation v. Christopher, 1913, 65 Fla. 379, 61 So. 831; and Moore v. Choctawhatchee Electric Co-operative, Inc., Fla.App.1967, 196 So.2d 788. In Seaboard Air Line R......
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East Florida Tel. Co. v. Seaboard Air Line Ry. Co.
... ... & K. W. Ry. Co. v. Lockwood, 33 ... Fla. 573, 15 So. 327; Jarrett Lumber Corp. v ... Christopher, 65 Fla. 379, 61 So. 831; Florida ... ...
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Kendry v. Division of Administration, State Dept. of Transp., 51312
...amount to a taking. 2 Moore v. Choctawhatchee Electric Co-Operative, Inc., 196 So.2d 788 (Fla. 1st DCA 1967); Jarrett Lumber Corp. v. Christopher, 65 Fla. 379, 61 So. 831 (1913); Seaboard Air Line Ry. v. Southern Investment Company, 53 Fla. 832, 44 So. 351 (1907). The district court also fo......
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Tampa & G.C.R. Co. v. Mulhern
... ... of the soil has appropriate remedies.' Jarrett Lumber ... Corp. v. Christopher, 65 Fla. 379, 61 So. 831 ... ...