Taylor v. Florida East Coast Railway Co.

Citations

• 54 Fla. 635

Syllabus

<p>1. In a proceeding for the specific performance of a contract a temporary injunction will not be granted unless the allegations of the bill of complaint warrant a decree of specific performance, nor unless it also appears that an injunction is appropriate and just.</p> <p>2. The granting or denying of a temporary injunction is largely within the discretion of the trial judge; but such'discretion is controlled by established principles of equity. If the allegations of the bill are sufficient and the evidence in support thereof is ample to warrant the granting of the temporary injunction, and no sufficient defense is made, an order denying an injunction will be reversed.</p> <p>3. Whether the duty a common carrier a railroad corporation owes to the public is materially and injuriously affected by the contract obligations of the corporation to individuals cannot be arbitrarily determined by the corporation for itself.</p> <p>4. Where a common carrier railroad corporation asks for anl receives land upon which to construct its road, and as a consideration therefor promises to maintain a spur track and depot at a certain place upon lands given for that purpose, and the party giving the land relying upon the promise of the corporation, incurs great expense in improving his property for use in connection with the advantages of the spur track and depot and the operation of trains thereon, and the breach of the promise results in an injury that cannot be adequately compensated in damages, equity may enforce performance of the promise in the manner and to the extent agreed, at least in the absence of a proper showing of superior rights of the public.</p> <p>5. A deed conveying lands to a railroad company for its right-of-way by the owner of a hotel situated near to the proposed road containing an agreement on the part of the corporation “to maintain the spur track, depot and platform, and to operate all its regular passenger trains upon said spur track to said depot during