State ex rel. City of Jacksonville v. Jacksonville Street Railroad

Citations

• 29 Fla. 590

Syllabus

<p>1. The dominant control of highways and streets is vested in the legislative power of the State, and by virtue of legislative enactment a railroad, operated either by steam or animal power, may be constructed across or along them without the consent of the municipal authorities.</p> <p>2. It is competent for the legislature to authorize the construction of a street railway, operated by horse power, as distinguished from one operated by steam, in the public streets, without providing any compensation to abutting property holders along the street through which such road may be constructed. This is upon the theory that such roads are not additional burdens upon the soil of the street, but are legitimate uses of the highway, in furtherance of the purposes for which they were originally dedicated,</p> <p>3. It is within the power of the legislature to delegate to municipal corporations the right to license or permit railroad companies to lay railroad tracks in the streets in such manner as not to divert them from their original uses ; but a difference exists between the power of a municipal corporation to grant a corporate franchise and the right to permit a corporation vested with such franchise to place railroad tracks in the public streets. If the municipal body can ever grant a corporate franchise, such power must be expressly conferred by the legislature.</p> <p>4. The authority of a general nature to regulate and control the streets usually granted to municipal bodies is generally deemed sufficient to clothe the municipal body with the right to grant or refuse, or otherwise to regulate, the use of the streets for street railways operated by horse power.</p> <p>5. The general powers conferred upon municipal bodies by the act of the legislature, Chapter 1688, Laws of Florida, as amended by the act of 1877, Chapter 3034, to regulate, improve, alter, extend and open streets, and to regulate and control the construction, grading and repairs.of streets, pavements and