Griffin v. Jacksonville, Tampa & Key West Railway Co.

Citations

• 33 Fla. 606

Syllabus

<p>1. Testimony tending to show that the occupation by defendant of that part ofthe street between the center thereof and abutting blocks of the plaintiff in ejectment was by consent of plaintiff, held sufficient to preclude any disturbance of the verdict, although there is evidence of a contrary import.</p> <p>'.2. An action of trespass by the owner of abutting lots or blocks, his title extending to the center of the street, to recover damages for the construction of a railroad on the street between the center thereof and such lots or blocks, has, to the extent of being inconsistent with the right to maintain a possessory action against the company, the effect to operate as a consent ■to the use of the street in operating the railroad in a proper ■manner or with due care.</p>