Tampa & Gulf Coast Railroad v. Mulhern

Citations

• 73 Fla. 146
• 74 So. 297

Syllabus

<p>I. Damages for injuries to abutting lands, caused by the operation of a Steam Railway on a street in front of the injured property, cannot be recovered in equity, there being an adequate remedy at law.</p> <p>2. This case, being one for damages solely, bear's no analogy to the doctrine in the- case of Florida Southern R. Co v. Hill, 40 Fla. 1, 23 South. Rep. 566, -because in that case the equity jurisdiction was predicated upon the theory that the taking of complainant’s land created a claim in the nature of a vendor’s lien for the purchase price.</p> <p>3. The true test of the rule of “no' adequate remedy at law,” is whether a valid judgment could be obtained by a proceeding at law, and not whether such judgment would procure pecuniary compensation.</p>