Garnett v. Jacksonville, St. Augustine & Halifax River Railway Co.

Citations

• 20 Fla. 889

Syllabus

<p>The construction of a railway to be operated by steam along the streets of a municipal corporation to be used for a private purpose on a line of route not authorized by the charter of the company proposing to construct it and authorized only by the municipal corporation in a resolution clearly beyond its powers, may be a public nuisance. But if so, it is to be abated by a suit in behalf of the State. The owner of land or lots abutting- upon the street over which the railway is proposed to be constructed has not an equity to enjoin its threatened construction as a public nuisance, operating to his special and peculiar injury, where the road intended to bo constructed is an ordinary surface railway to be operated by steam.</p>