Leonard v. Baylen Street Wharf Co.

Citations

• 59 Fla. 547

Syllabus

<p>1. A franchise is a special privilege conferred upon individuals or corporations by governmental authority to do something that cannot be done of common right.</p> <p>2. Franchises are not consumed in their use, and when a particular use of them by individuals or corporations ceases by non-use, forfeiture, limitation or otherwise, the further use may be granted or permitted to others. Private rights in franchises are confined to a proper use of them for the general welfare, subject to lawful governmental regulation.</p> <p>3. The character and extent of the right granted to individuals and corporations in the use of a franchise depend upon the terms of. the grant, the nature of the franchise, and the purpose designed to be accomplished.</p> <p>4. The right to the use of a franchise is the property of the grantee, and its sale by judicial decree for the payment of his debts is not forbidden by law where the use continues for , the public good as originally designed by the grant.</p>