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Justus R. Fortune vs. City of Tallahassee

Justus R. Fortune vs. City of Tallahassee

Lower Court

  • Leon County


  • 1849


  • 473


  • 854


cross at all times of the year of their free will and pleasure; and whereas the said plaintiff on the said third day of October last aforesaid was possessed of a certain iron gray mare of great value to wit of the value of one hundred and twenty five dollars which said mare was employed by the said plaintiff in a lawful purpose on the common highway aforesaid on the said third day of October aforesaid according to the right of the said plaintiff and the common usage and custom of the County: And plaintiff avers that the other parts of the said street called street except the East and thereof so being a common highway as aforesaid was in good repair and condition and passable for men and horses and cattle; yet the said City of Tallahassee in no wise ignorant of the premises, but unmindful of its duty in this behalf, on the said third day of October aforesaid and for a long time before did omit to fill up a certain larger ditch, gully or chasm at the East and of said street called street which obstructed the free passage of the same or otherwise to repair the said street and put it in a condition to enable the good citizens of the State of Florida with their horses and cattle to pass and cross as aforesaid; and did pursuit the said street to remain in a reunions of state and out of repair and the passage thereof to become and remain obstructed and impassable to wit at the County.