Robbins v. White

Citations

• 52 Fla. 613

Syllabus

<p>1. A dedication of lands to the public for street purposes in the absence of clear contrary intent, does not divest the owner of the title to the land, but only subjects the land, and the title to the public easement for street purposes, and if the easement be lawfully surrrendered and relinquished the title to the land remains in the dedicator or his successors in title discharged of the easement.</p> <p>2. The obstruction of a public street is a public nuisance, but it may also constitute a private nuisance. An individual cannot enjoin the obstruction of a public street unless some special damage to his property or injury to him differing not only in degree but in kind from the damage sustained by the community at large is threatened. An abutting property owner may enjoin the obstruction of a public street if some damage to his property diffeiing in kind from that of the public generally is threatened by the obstruction.</p> <p>3. An individual cannot enjoin the closing of a public street on the ground that such closing will cause annoyance and inconvenience to the public or to citizens and residents of a certain section or portion of a city, where there is no allegation that injury is thereby threatened to the complainant’s property or other rights different in kind from those of the general public.</p> <p>4. Where the allegations of a bill warrant the granting of a temporary injunction to enjoin the obstruction of a public street at the suit of an abutting property owner, if the sworn answer of individual defendants positively denies such allegations, and the answer also contains responsive averments sufficient if sustained to defeat the injunction, a motion to dissolve the injunction, heard by consent solely on the bill and sworn answer, the oath to the answer not being waived in the bill, should be granted where there is no evidence to sustain the allegations of the bill.</p>