Justus R. Fortune vs. City of Tallahassee (1850)

This series highlights antebellum cases from the files of the Florida Supreme Court and its predecessor, the Florida Territorial Court of Appeals.

In 1850, the Florida Supreme Court considered the case City of Tallahassee v. Justus R. Fortune. The case came to the state’s highest court on appeal from Leon County. It centered on the responsibility of an incorporated body, in this case the City of Tallahassee, for maintaining a public road within its boundaries.

Page from Florida Supreme Court case Fortune v. City of Tallahassee (1850)

Justus R. Fortune was a resident of Tallahassee. According to the case file, he operated a tin shop along a city-maintained road and owned at least one horse. On October 3, 1848, Fortune lent his horse to George W. Hutchins, who borrowed the animal for an unspecified purpose.

When Hutchins finished his business and returned the horse, he hitched it to a post near Fortune’s tin shop in the customary fashion. At some point, the horse broke loose from the hitching post and escaped. A thorough search of the surrounding area failed to recover the animal.

The next day, Fortune discovered the horse, badly injured, at the bottom of a ditch that crossed the city road adjacent to his property. The horse later died. He blamed the City of Tallahassee for failing to maintain the regularly-traveled public thoroughfare, as evidenced by the “nuisance” ditch, which had resulted in the death of his horse. Fortune sought to recover $125 from the city as compensation for his loss.

Fortune’s case against the city rested on language contained within Tallahassee’s Act of Incorporation. According to the Act, the city had both the power and the responsibility to “prevent and remove nuisances” within its corporate limits. In this case, the section of road in question existed firmly within city limits, and therefore, Tallahassee officials had the responsibility to provide for its maintenance.

Fortune’s legal representation cited various U.S. court cases from other states and English Common Law as precedent for upholding the principal that the City of Tallahassee bore responsibility for maintaining the road and answering for accidents such as that which befell Fortune’s horse. The court agreed: “…that the City of Tallahassee was guilty of a nonfeasance in permitting the nuisance mentioned…to remain…”

The only brief point of contention was whether Fortune had taken all necessary and deliberate care to protect his property. Could he be to blame for not better securing his horse? Whether Hutchins could be charged with negligence did not become an issue.

The court found that: “…if a person should go headlong with his beast upon a nuisance, which (with ordinary care) he might have avoided, he ought not to have damages for his loss in consequence of his own recklessness.” The court determined that citizens daily hitched their horses and other animals throughout the town along public roads. Sometimes these animals escaped. But, these escapes were certainly accidental occurrences, instead of widespread negligence.

This case established important precedent in Florida law, following English Common Law and decisions made by courts in other states. Overtime, the responsibility (and liability) of incorporated settlements to maintain public property within their boundaries extended far beyond roads to include all types of infrastructure, and even persons employed by cities and towns on official business. Cases like Fortune form the legal basis for the rights of citizens to make cities and towns responsible for maintaining public works and other manifestations of taxpayer-funded infrastructure within corporate limits.

Old Confederate Soldiers and Sailors Home

One of the newest collections on Florida Memory is the Old Confederate Soldiers and Sailors Home. This collection consists of applications for admission to the Home as well as a small amount of documentation attesting to the veracity of the applicant’s claim.

Confederate veterans reunion, Crawfordville, 1904

Confederate veterans reunion, Crawfordville, 1904

The Home opened in Jacksonville in April 1893 and operated until 1938. In its final years of operation, organizations such as the United Daughters of the Confederacy played a significant role in caring for the veterans.

These documents provide a wealth of information about Confederate veterans and the health problems they incurred as a result of their service. These records complement the Confederate Pension Applications, which provide more comprehensive information about Confederate veterans and widows living in Florida after the Civil War.

Tallahassee Democrat Collection

The Tallahassee Democrat Collection contains photographic negatives taken by Tallahassee Democrat photographers from the 1950s to 1970.

Three unidentified African American servicemen posing with a woman in Tallahassee (ca. 1955)

 

Two unidentified cigarette girls in Tallahassee (1956)

 

FSU football players in Tallahassee (1957)

FSU football players in Tallahassee (1957)

 

FSU freshmen sitting in front of William James Bryan Hall in Tallahassee (1953)

FSU freshmen sitting in front of William James Bryan Hall in Tallahassee (1953)

 

Dorian Stripling getting his first haircut in Tallahassee (1957)

Dorian Stripling getting his first haircut in Tallahassee (1957)

 

Governor LeRoy Collins monitoring Democratic primary election results with supporters in Tallahassee (1956)

Governor LeRoy Collins monitoring Democratic primary election results with supporters in Tallahassee (1956)

 

Unidentified African American football players in Tallahassee (1953)

Unidentified African American football players in Tallahassee (1953)

Join us tonight, October 11, from 6:00 to 8:00 PM for a slideshow event featuring images from the Tallahassee Democrat Collection.

Unidentified in the Tallahassee Democrat Collection

The Tallahassee Democrat Collection contains photographic negatives taken by Tallahassee Democrat photographers from the 1950s to 1970.

Many of these images are only partially identified and contain unidentified people and places. If you have additional information about any of the unidentified images please let us know in the comments, or contact us at the State Archives of Florida.

Two unidentified women reading the Tallahassee Democrat newspaper (1957)

 

Three unidentified African American servicemen posing with a woman in Tallahassee (ca. 1955)

 

Unidentified young women at the Watermelon Festival in Monticello (1957)

Unidentified young women at the Watermelon Festival in Monticello (1957)

 

Unidentified WTVT cameraman in Tampa (1957)

 

Two unidentified cigarette girls in Tallahassee (1956)

 

Two unidentified Tallahassee police officers (1957)

 

Unidentified boy with go-kart in the Quincy parade (1953)

 

Unidentified pharmacist with a box of Chux disposable diapers in Tallahassee (1957)

Join us this Friday night, October 11, from 6:00 to 8:00 PM for a slideshow event featuring images from the Tallahassee Democrat Collection.

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McLeod Diary

One of the newest collections on Florida Memory is William McLeod’s Civil War diary. The diary describes McLeod’s experiences as a Confederate soldier from June 1864 through January 1865.

Pages 71-72 from William McLeod's Civil War diary

McLeod’s account begins during the Atlanta Campaign and describes day-to-day siege warfare and the various engagements in which he was involved, including the Battles of Peachtree Creek, Atlanta, and Jonesboro. The diary also mentions the Battle of Dalton, Georgia in October 1864 and the subsequent advance northward into Alabama and Tennessee. McLeod provides details on the actions of the Seventh Florida Regiment at Franklin, Murfreesboro (Second Battle), and Nashville.

The diary concludes in the aftermath of the Confederate defeat at Nashville and documents the retreat into Mississippi in late 1864 and early 1865.

WPA Church Records Collection

Florida Memory is now the digital home of the WPA Church Records Collection. The collection consists of approximately 20,000 individual pages from 5,500 church and synagogue surveys conducted by the Works Progress Administration (WPA) in the late 1930s and early 1940s.

St. Augustine Cathedral, home to the oldest church parish in the United States (established ca. 1565)

St. Augustine Cathedral, home to the oldest church parish in the United States (established ca. 1565)

Page one of the St. Augustine Cathedral survey

Page one of the St. Augustine Cathedral survey

The records contain a wealth of information about congregations, clergy members, church buildings, property and archival record holdings. Created in an age when religious institutions often held the only documentation of major life events—such as birth, marriage and death—the WPA church records offer tremendous potential to genealogists and anyone interested in Florida history. In a broader sense, these records illustrate how central organized religion was to community life in America’s history.

Plymouth Congregational Church: Coconut Grove (December 10, 1936)

Plymouth Congregational Church: Coconut Grove (December 10, 1936)

Page one of the survey for Plymouth Congregational Church in Coconut Grove

Page one of the survey for Plymouth Congregational Church in Coconut Grove

All documents contained in the WPA church records database are accessible on the Florida Memory website. Users can search the records by pastor’s name, church/synagogue name or denomination, and also sort the records by county, year of church incorporation and ethnicity. Accompanying the church records are digitized copies of the original forms used by survey workers, the field manual issued by the WPA and a historical essay on the scope and significance of the collection.