Gibson v. City of Tampa
This text of 154 So. 842 (Gibson v. City of Tampa) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
— The decree appealed from dismissed a second amended bill of complaint brought to enj.oin the city from discharging “raw or untreated sewerage” into the waters connected with the city and for incidental relief, it being alleged that such discharge peculiarly injures complainants’ oyster beds in connecting waters. There being no clear showing as against the city for the equitable relief prayed, the decree dismissing the bill of' complaint is affirmed without prejudice to any rights, if any, complain *620 ants might have to maintain an action at law to redress the alleged injury.
Affirmed.
Davis, C. J., and Whitfield, Terrell, Brown and Buford, J. J., concur,
Ellis, J., dissents.
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Cite This Page — Counsel Stack
154 So. 842, 114 Fla. 619, 1934 Fla. LEXIS 1907, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gibson-v-city-of-tampa-fla-1934.