Jarrett Lumber Corp. v. Christopher

Citations

• 65 Fla. 379

Syllabus

<p>1. The construction of a steam railroad track and the running of steam railroad trains thereon is an added burden upon a street not contemplated by a mere dedication of land for ordinary street purposes; and for such added burden the owner of the soil has appropriate remedies.</p> <p>2. In an action of trespass quare clausum fregit against a railroad company for constructing and operating a railroad over plaintiff’s land covered by the street, the entire damage done to plaintiff's abutting property by the construction and proper operation of the railroad may be recovered in an action, and the recovery should not be limited to damage sustained anterior to the commencement of the action.</p> <p>3. A log railroad may be a permanent structure.</p>