Home/Supreme Court of Florida/Frater v. Baylen Street Wharf Co.

Frater v. Baylen Street Wharf Co.

57 Fla. 63
Supreme Court of Florida·Decided January 15, 1909·Published·Cited by 7 cases

Opinion

Taylor, J.

The defendant in error as plaintiff below sued the plaintiff in error as defendant below in the Circuit Court of Escambia County in an action of-assumpsit for the recovery of wharfage alleged to be due for the use of the plaintiff’s wharf in loading lumber and shingles thereon. The defendant filed a plea of never was indebted as alleged. The cause was submitted to the Circuit Judge for trial upon both the law and facts, a jury being waived. Judgment was rendered in favor of the plaintiffs for the full amount of its claim, and for review of this judgment the defendant brings the case here by writ of error.

Motion for new trial was made on the ground in substance that the facts did not justify a recovery in law. The following plat of the premises shows the locus in quo:

[65]*65

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Frater v. Baylen Street Wharf Co., 57 Fla. 63 (Fla. 1909).

57 Fla. 63 (Frater v. Baylen Street Wharf Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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