The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1884-12-16

such error as would authorize new trlal, as IT
was in no manner prejudicial to the leiests OF
the accused, and could net influence the jury
against hlm in their findings.
Is. The Statute of this State (Laws 1872 Chap.
1917 provides that majority of the jury, IN the
trial of capital offence, may recommend to
mercy. II the court charge the jury on this
question, II should be in the language of the
Statute The court is not called upon to charge
upon it. Counsel may read the act to the jury,
and the judge may give it to the jury If 1t Is de-
sired by counsel.
16 The opinions Of medical men are admitted
as 10 the cause of disease or of DEATH or the con-
sequences of wounds and AS to the sane or In
sane state of persons mind, as collected from
circumstances, and as to various other subjects
of professional skill, though the witness founds
them, not on his own personal observation, out
on the case itself as proven by other witnesses
on the trial.
Judgment reversed and new trial ordered.
E. K Foster Geo. B. Hodges, Scott & Thrash
er, for Plaintiff in Error; Attorney General, for
Defendant in Error.
Tue Pensacola and Atlantic Railroad Company,
Appellant, VS.. Lewis jackson, Respondent
Escambia county.
RANDALL, c. j.:
l. Where with the full knowledge and in the
presence OF the owner of land chartered railroad
company wrongtully or without lawful right en-
ters upon and takes possession, destroying The
fences and superstructures thereon and builds a
line of railroad and runs its Cars over 1t, the
owner making no objection other than that the
amount of damages offered by the company Is
not satisfactory, and the owner of the laid lies
by for over niue months without attempting to
prevent the taking possession and occupation oy
the company, a Court of Equity will not enjon
the company from continuing to run its cars
over the road. The conduct of the owner
of the road over his land, and the public have
acquired rights upon such acquesence which
will not be interfered with by Court of Equity
by injunction.
2. Yet the owner has not lost his title to the
land and may maintain An appropriate action at
law TO recover his damages.
3. Such injury being OF permanent nature,
tie damages recoverable at law may include the
whole injury or loss, and there can be no dan
ger of further litigation to recover such damages
therefore there is no ground Of equity Jufisdic-
uon to prevent or avoid multiplicity OF suits; a
judgment for the whole injury would be bar
to action for subsequent injuries arising from the
same source.
Decree reversed.
w. A. Blount, for Appellant; John c. Avery,
| for Respondent
Netso & Bohlen Appellants. vs. Foss & Schnei
| der, Respondents-(No.1 ~ Duyal county.
RANDALL, G. j.:
:. When there is a judgment of default against
| one ioint promissor and an issue OF fact joined
as to another il is proper practice to submit 10
iury the issues of fact rs to the defendant who
| nl,ads and the assessment of damages as against
| the one who makes default. The statute author
| izinp the clerk TO assess damages upon default
| dees net apply to this case
@ The rule that there can be but one Judg
ment against joint promissors within the same
| Anal ind
u default for not pleading entered against one
Judgment affirmed.
r A. Mcdonnell, for Appellants; Fleming q
Daniel, for Respondents.
Ne,so S Bohlen Appellants, vs. Foss & Schnei
der. Respondents-(No. 81 Duval county.
RANDALL, c. j.:
There being testimony on the part OF the plain
t;ffs sufficient 10 support verdict, 1t will not b
| set aside on the ground that some OF the testi
mony was contradicted unless II Is apparent tina
the verdict of the jury was controlled by CON
alterations other than due regard TO the evi
deuce.
r. a McDonslI, Tor Appellants; Fleming s
Daniel, for Respondents.
Trnatius Pollak, surviving partner, Appellan
VS. w. q. Hutchinson, Respondent-Escamoi
county.
| RANDALL, G. j.:
Where in an action on promises severa
pless were interposed and demufred % and To-
Ssmurrers Sustained, and upon the trial verdic
srd indcment rendered against plaintiff. bu
,hsre = no biIl Of excspsi0ua showing the proof
- -. .xcer1iona made Il the uial hsxever eTTonc
o.,s - ruline mon Tie sdemurref1 may hav
hsen. 4 new Trial viii not - granted. because
dos MT appear BY the record la .ne pis.n''sa IAN