Seaboard All Fla. Ry. Co. v. Underhill, (1932)
Court: Supreme Court of Florida
Number:
Visitors: 7
Judges: DAVIS, J. —
Attorneys: Sheppard Clements, for Appellants;
Claude Ogilvie, for Appellees.
Filed: May 03, 1932
Latest Update: Mar. 02, 2020
Summary: A bill in equity alleged in substance and *Page 410 effect that the complainants were seized of certain lands described in the bill; that they were occupying and using them for husbandry and home purposes; that the defendant Seaboard All Florida Railway Company, had so constructed its right of way near complainants' lands as to make an embankment there which impounded and obstructed surface waters theretofore naturally drained from the vicinity of complainants' lands by existing drainage facilit
Summary: A bill in equity alleged in substance and *Page 410 effect that the complainants were seized of certain lands described in the bill; that they were occupying and using them for husbandry and home purposes; that the defendant Seaboard All Florida Railway Company, had so constructed its right of way near complainants' lands as to make an embankment there which impounded and obstructed surface waters theretofore naturally drained from the vicinity of complainants' lands by existing drainage faciliti..
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I think the Bill of Complaint shows upon its face that the granting of the relief prayed will necessarily result in the destruction of the finished road bed and compel a cessation of its public service. It is a matter of common knowledge that in low country drainage ditches must be provided and maintained along highways and railroads if such instrumentalities are to render the public service contemplated. The demurrer should have been sustained.
Source: CourtListener
