Florida Southern Railway Co. v. Parsons

Citations

• 33 Fla. 631

Syllabus

<p>1. The question of whether a plat or map offered in evidence is .a¡ correct representation of physical objects in reference to-which testimony is introduced, is for the court to decide primr arily, and the decision of the court admitting such plat or map-in evidence for the auxiliary purpose of enabling witnesses to-explain their testimony will not be reversed unless it; is o’early shown that error was thereby committed.</p> <p>2. In an action of trespass to recover damages for constructing a. railroad across lots and streets laid off on a town plat, and the-record of the plat is offered to show that the tract of land had been laid off into such town lots and streets, and the plat itself shows that when it was made and recorded the road had been constructed across the lots and street, it is error to admit the plat for the purpose stated, without proof that the land hadi been platted and dedicated as a town plat before the road was constructed. The damage in such a caséis of a permanent nature consisting in the construction of the railroad, and the-railroad company is only liable for the damages to the land as it-was when the road was built.</p>