Justus R. Fortune v. City of Tallahassee

Justus R. Fortune v. City of Tallahassee

Lower Court

  • Leon County


  • 1849


  • 473


  • 854


Supreme Court

State of Florida January 7[th] Term 1850

The City of Tallahassee

Vs. Appeal from Leon Circuit Court

Justus R. Fortune

Fortune the appellee in this Court brought suit by action of Trespass on the case against the Appellant the "City of Tallahassee" in Leon County Circuit Court alleging that Street within the corporate limits of said City, is, and for a long time has been a common highway for the good citizens of Florida, and their horses and cattle to go, return, pass & repass at their will and pleasure at all times-That plaintiff on the 3[rd] day of October A.D. 1848 was possessed of grey mare of great value to wit of the values of one hundred and twenty five dollars; That said mare employed by the plaintiff on said 3[rd] day of October in lawful manner, according to the common usage and custom; that the street aforesaid was in the parts thereof except the east and in good repairs & condition and passable for men and horses,-that at the east of said street there was a large ditch, gully or chasm which obstructed the free passage of the same. That defendants in no wise ignorance that said East and of said street, was out of repair and rumors, and impasable, permitted the same