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Raymond v. Whitcomb

H. A. Raymond v. J. H. Whitcomb

Raymond v. Whitcomb, 62 So. 832 (Fla. 1913)
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Court
Supreme Court of Florida · State Highest Courts
Decided
June 17, 1913
Judges
Cociceell, Hocker, Shackleeord, Taylor, Whitfield
Citations
62 So. 83266 Fla. 19
Disposition
Decree reversed.
Headnotes
In a suit by an individual to enjoin the obstruction of a space alleged to have been dedicated as a street, where the evidence does not sustain a decree of a dedication, but there appears to be at least some evidence tending to show a private easement in the complainant, the decree may be reversed without prejudice.
Summary
Appealed from Circuit Court, Hillborough County; F. M. Robles, Judge.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Whitfield

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Whitfield. J.

J. H. Whitcomb sought a decree enjoining Raymond “from enclosing or attempting to enclose and. from fencing or obstructing the street lying immediately north of” a lot belonging to the complainant, upon the theory that the space referred to had been dedicated to public use as a street. The court decreed that the space had been “dedicated as a public street by the filing of” a plat, “and has been used as such from the date of dedication,” and the injunction was ordered. The defendant appealed.

The plat referred to in the decree does not clearly indicate that the space was dedicated as a public street or *20 highway, and the evidence does not show such a dedication.

If the complainant is entitled to a private easement of egress and ingress over the space in controversy it may be shown and enforced in appropriate proceedings.

The decree is reversed without prejudice.

Taylor, Cociceell and Hocker, J. J., concur. Shackleeord, C. J., did not participate.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1918: 11932: 119182026peak 1918 · 1

Relies on it most ⓘ

  1. Seaboard Air Line Railway Co. v. Dorsey149 So. 759 (Fla. 1932) · Dissent
  2. Kirkland v. City of Tampa78 So. 17 (Fla. 1918)

Most recent

  1. Seaboard Air Line Railway Co. v. Dorsey149 So. 759 (Fla. 1932) · Dissent
  2. Kirkland v. City of Tampa78 So. 17 (Fla. 1918)

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