JOHN WESLEY DAVIS, APPELLANT,
v.
FLORIDA EAST COAST RAILROAD, A CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A party can be enjoined from acts of harassment detrimental to public safety, even if some acts are criminal in nature, provided the injunction is not unreasonably restrictive.
Defendant engaged in harassment during a strike dispute, performing acts likely to cause injury, derailment, or property damage, some of which were cr…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Public Safety cases and more on FLexlaw
Defendant appeals an order enjoining him from interference with the orderly operation of the plaintiff railroad. During a strike dispute, the defendant performed several acts of harassment which were found likely to cause injury or death to personnel and passengers, derailment of trains or damage to public and private property. Some of the acts were of a criminal nature.
The defendant asserts that he cannot be legally enjoined from performing acts, those of which are criminal in nature because the injunctive process does not afford the protections guaranteed by criminal proceedings. We find no merit in such contention. The facts disclose a pat*775tern of harassment detrimental to public safety. The defendant is not charged with the commission of criminal acts in this suit and the injunction has not been shown to be unreasonably restrictive.
The defendant also claims that the evidence was insufficient to warrant the relief granted. The chancellor heard the testimony of the witnesses and observed their demeanor before issuing the restraining order. The plaintiff had no adaquate remedy at law and the numerous acts of misconduct were such as to cause irreparable injury. We have reviewed the record and find ample evidence to support the decree. The chancellor’s conclusion will not be disturbed.
Affirmed.
SHANNON, Acting C. J., and WHITE, J., and WILLIAMS, O. EDGAR, JR., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State Bd. of Funeral Directors & Embalmers of Fla. v. Evans, 256 So. 2d 574 (Fla. 1st DCA 1972)…minality of the act only to determine whether, under the particular circumstances, equitable intervention is necessary.” 43 C.J.S. Injunctions §152, pp. 764-765. For further example, in Davis v. Florida East Coast Railroad, Fla.App. 2nd Dist., 1964, 166 So. 2d 774, 775, in which case “the defendant asserts that he cannot be legally enjoined from performing acts, those of which are criminal in nature because the injunctive process does not afford the protections guaranteed by criminal proceedings”, our sister…
-
Drake v. Henson, 448 So. 2d 1205 (Fla. 3d DCA 1984)…, particularly when it’s alleged that the law enforcement agencies refused to take cognizance of the alleged threatened [*1207] criminal action. Syfo Water Co., Inc. v. Chakoff, 182 So. 2d 17 (Fla. 3d DCA 1965); Davis v. Florida East Coast Railroad, 166 So. 2d 774 (Fla. 2d DCA 1964); 22 Fla. Jur.2d, Equity § 32; 27 Am.Jur.2d, Equity § 57. We also note Op.Att’y Gen.Fla. 073-108 (April 6, 1973)1 which finds a continuing jurisdiction in the Circuit Court. Finding that the trial court, in the exercise of its equi…
-
The Travelers Ins. Co. v. Conley, 637 So. 2d 373 (Fla. 5th DCA 1994)…equity, as a rule, lacks jurisdiction to enjoin the commission of a crime. But simply because an act is illegal does not mean it cannot be proscribed by an injunction if grounds for that injunction otherwise exist. Davis v. Florida East Coast R.R., 166 So. 2d 774 (Fla. 2d DCA 1964) (pattern of harassment, while criminal in nature, nonetheless warranted injunctive process because acts were detrimental to public safety). Moreover, an injunctive remedy is available to enjoin a trespass “where there is a probabi…