Palatka & Indian River Railroad v. State

Citations

• 23 Fla. 546

Syllabus

<p>1. Motions for a new trial or in arrest of judgment cannot be made after the term of the court at which the trial was had.</p> <p>2. No agreement between parties or counsel as to a trial of a cause is of any effect before the court, uuless the evidence of it is in writing and subscribed by the party, or his attorney, against whom it is alleged, or is made in open court and noted by the judge iu his minutes. Com. Law Rule, 43.</p> <p>8. The statutes of this State prescribing the powers and duties of railroad companies as to highways do not affect the rules of pleading controlling indictments for obstructing a highway, further than to require that the act charged to be such obstructiou shall appear to be an act which is not authorized by such statutes.</p> <p>4. The allegation in an indictment that the road described was and is “a common highway in Putnam county, made and laid out for the people of this State to go, return and pass at their free pleasure and will on foot, on horseback and in vehicles,” is equivalent to an allegation that the road was and is an “established highway,” under the statute punishing the obstruction of any public road or established highway and providing for the removal of the obstruction.</p> <p>5. Where an indictment against a railroad company under the above statute shows a complete obstruction of the highway against travel so as to prevent the people from traveling the same, it is good in law. No such privilege is given by the statutes to railroad companies.</p> <p>6. An indictment against a railroad company for constructing its road across or upon a highway at a point outside of the authorized route of the railroad shpuld affirmatively show that the railroad is outside of such route.</p> <p>7. A grant to a railroad company of the right to construct its road along, upon or across, or to use an existing highway, is not to be ■ construed as a power to destroy the highway. This is the rule of construction unless the language of the grant