City of Jacksonville v. Huff

Citations

• 39 Fla. 8

Syllabus

<p>,1. By the ordinance of the city of Jacksonville passed September .30, 1889, owners of lots, within the city limits, fronting on or abutting upon any street or lane within the limits fixed for speeial taxation for water works and fire protection, with certain specified exceptions, were required to construct, repair or ■otherwise have in thorough repair, within sixty days after the approval and publication of tlie ordinance, and thereafter keep and have in thorough repair, a good and sufficient sidewalk or foot pavement, constructed of stone, hard brick, artificial stone, or pine plank laid smooth not less than six feet wide, and upon the failure of a lot owner to construct, repair or maintain such sidewalk or foot pavement as required, the city had the right to construct the same and enforce, in a court of chancery, the cost of construction upon the lot or lots along which such sidewalks or pavements are constructed or ■ repaired.</p> <p>2. A bill alleged that defendant, a lot owner in the city of Jacksonville, had not complied with the provisions of the ordinance of the city passed September 30, 1889, in reference to keeping and repairing a sidewalk at a designated locality in the city and the answer denied positively the allegations of the bill: Held, The sworn answer not being overcome by two witnesses or one witness and corroborating circumstances, that the bill was properly dismissed.</p> <p>3. The finding of a chancellor on the testimony taken before an examiner will not be given the same effect as the verdict of a jury, but the chancellor’s conclusions solely on facts will not be reversed unless it clearly appears that he has erred in such conclusions.</p>