Minnie I. Brown and J. R. Brown v. Florida Chautauqua Association

WHITFIELD, C. J. -- The appellants brought a bill in equity for the removal of obstructions in Baldwin Avenue, a public highway in the town of DeFuniak springs, Florida. Demurrers to the bill on the ground that the plaintiffs have not stated such a case as entitle them to the relief prayed were sustained, and, no amendment being made, the bill of complaint was dismissed. An appeal was taken by the complainants. The only questions argued are as to the right of the complainants to maintain the suit for the relief prayed. A dedication of the locus in quo as a street and its obstruction are stated, and to support a right of action in the complainants it is alleged that they own and operate a hotel situated upon a lot numbered 674, bounded on the north by Baldwin Avenue, on the East by Crescent street, and on the west by eleventh Street; that a railrod track runs ""about the centre of Baldwin Avenue and traverses the same throuout its length from east to west;"" that a ""part of Baldwin avenue which lies east of the front of said lot 674 and south of the said railrod track to the passenger depot of the said railrod company has been enclosed;"" that such enclosure ""prevents the passage of the public