Reinschmidt v. Louisville & Nashville Railroad

Supreme Court of Florida October 16, 1925

Reinschmidt v. Louisville & Nashville Railroad, 106 So. 126 (Fla. 1925)

90 Fla. 334

West, Ellis, Terrell, Whitfield, Strum, Brown

Opinion of the Court

West, C. J.

To an amended bill of complaint seeking to enjoin defendants from -interrupting, or interfering with the use by complainants of certain railroad tracks from the main line of the defendant railroad company to the' factory of complainants or of obstructing such track, a demurrer was sustained and the bill dismissed.

This appeal is from that order.

*335 Because of the somewhat complicated state of facts shown by the bill we shall not at this stage of the proceedings discuss the principles of law involved.

It is sufficient to say that under the allegations of the bill an equity for substantial relief may be shown by appropriate and sufficient evidence; therefore the demurrer to the bill of complaint should have been overruled. Florida East Coast R. Co. v. City of Miami, 80 Fla. 329, 86 So. 208; Wells v. Williams, 80 Fla. 498, 86 So. 336.

The order appealed from is reversed.

Reversed.

Ellis and Terrell, J. J., concur. Whitfield, P. J., and Strum, J., concur, in the opinion, Brown, J., not participating.

Reference

Full Case Name: A.L. Reinschmidt, D. J. Reinschmidt and J. L. Reinschmidt, Copartners, Doing Business Under the Firm Name of Pensacola Cooperage Company, Appellants, v. the Louisville & Nashville Railroad Company, a Corporation, and L. G. Crosby, Appellees
Cited By: 3 cases
Status: Published