Jacksonville, Tampa & Key West Railway Co. v. Lockwood

Citations

• 33 Fla. 573

Syllabus

<p>1. In an action by husband and wife, and really in right of the lat= ter, the wife was a competent witness in her own behalf, as the law was on September 20th, 1889.</p> <p>2. In a grant of land abutting on a highway a description bounding the land granted by the highway conveys to the center of the highway, where the grantor has title to such center. The presumption arising from a deed so bounding the land granted is, in the absence of proof to the contrary, that the grantor5 owned to the center of the highway.</p> <p>8. In an action of trespass quare clausum fregit, a witness was-asked what the property was worth before the railroad company placed the track on it, and she answered that she could have sold the three lots for six thousand dollars. The answer was objected to, but the grounds of objection are not stated, in the bill of exceptions : Held, that it can not be urged on appeal as an objection to the admission of such evidence, either that she was not qualified to testify to the value of the property as an expert, or that the amount for which she could have sold the land was not relevant, or that she had not been asked any questions to test her qualifications to give an opinion as to the value of the property.</p> <p>4. Plaintiffs witness was asked on cross-examination if it was not a fact that he had testified in no less than a dozen suits against defendant in tbe last fifteen months, and the question was excluded by the referee. The ground urgea here in support of the question is that its purpose was to show, in connection with the fact that he had a suit pending against the defendant for obstructing a highway, his bias and animus : Held, not error.</p> <p>5. A letter and conversation of the president of the defendant company as to the construction of the railroad, held relevant an4 admissible on the issue whether such company or another con? structed the railroad.</p> <p>6. In an action of trespass quare clausum frpqit against a railroad company for c