Gibson v. City of Tampa

154 So. 842, 114 Fla. 619, 1934 Fla. LEXIS 1907

Opinions

Per Curiam.

— 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 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.