Pensacola & Atlantic R. R. v. Jackson

Citations

• 21 Fla. 146

Syllabus

<p>1. Where with the full knowledge and in the presence of the owner of land a chartered railroad company wrongfully or without lawful right enters upon and takes possession, destroying the fences and superstructures thereon, and builds a line of railroad and runs its cars over it, the owner making no objection other than that the amount of damages offered by the company is not satisfactory, and the owner of the land lies by for over nine months without attempting to prevent the taking possession and occupation by the company, a court of equity will not enjoin the company from continuing to run its cars over the road. The conduct of the owner amounts to an acquiescence in the construction of the road over his land, and the public have acquired rights upon such acquiescence which will not be interfered with by a court of equity by injunction.</p> <p>33. Yet the owner has not lost his title to the land and may maintain an appropriate action at law to recover his damages.</p> <p>3. Such injury being of a permanent nature, the damages recoverable at law may include the whole injury or loss, and there can be no danger of further litigation to recover such damages ; therefore, there is no ground of equity jurisdiction to prevent or avoid multiplicity of suits : a judgment for the whole injury would be a bar to action for subsequent injuries arising from the same source.</p>