SMITH v. SEABOARD AIR LINE RAILROAD COMPANY

No. 14844.

215 F.2d 365 (1954)

Helen I. SMITH, a widow, v. SEABOARD AIR LINE RAILROAD COMPANY.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 11, 1954.


Attorney(s) appearing for the Case

Malcolm Lewis Kneale and Malcolm S. H. Kneale, Kneale & Kneale, Miami, Fla., for appellants.

John M. Kelley, Jr., Richard E. Cotton, Harry N. Boureau, Shutts, Bowen, Simmons, Prevatt & Julian, Miami, Fla., for appellee.

Before HOLMES and STRUM, Circuit Judges, and THOMAS, District Judge.


HOLMES, Circuit Judge.

This is not a suit in equity for a mandatory injunction, but is a common law action for monetary damages for the wrongful taking and use by appellee of appellant's land. The case is hinged by appellant, as a focal point, on a distinction between a suit in equity to compel another to do something or prohibit one from committing specific acts and a civil action merely seeking compensation for what has been done. Each side moved for a summary judgment...

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