Dorman v. City of Jacksonville

Citations

• 13 Fla. 538

Syllabus

<p>1. If the council of a municipal corporation act within the scope of their authority in the grading and improving of streets, they are not liable at common law to an action of trespass or case by the owner of an adjoining lot, who may he injured by such improvement.</p> <p>2. Nor does a provision in the act of incorporation that the council must “make to the party injured by an improvement a just compensation,” to be ascertained in such manner as is provided in the act, make the corporation liable to an action for such injury. There being no right oí action at common law, the remedy created by the Legislature must bo pursued.</p> <p>3. A declaration alleging that a city council, “ contriving and unjustly intending to injure, prejudice and aggrieve tho plaintiff, and to incommode and annoy him in the occupation and enjoyment of his property,” dug away his sidewalk, destroyed his shade trees, and created a nuisance in front of his premises, shows a cause of action at common law, the acts thus charged being in violation of law, and is not demurrable under the city charter which authorizes the grading and improvement of streets.</p>