33 Fla. 631 | Fla. | 1894
Parsons sued the Florida Southern Railway Company in an action of trespass, and the declaration alleges, in substance, that the company through its officers, agents and contractors on the 10th day of Au
The first assignment of error argued here is that ‘ ‘the •court erred in overruling objection to the introduction in evidence of the plat or map of the land in controversy, on the ground that the same was not a certified transcript from any record, and that said plat or map had not been shown by the testimony to be correct.”
Plaintiff offered in evidence a plat of the land in question, and it was ruled out by the court on the ground that it had not been shown to be correct. The book of records of town ¡fiats of Hernando county was Then produced, and the circuit clerk testified that a certain page in the book referred to contained the record of the plat of L. B. Parsons’ addition to the town of Brooksville. Plaintiff then offered the record ■of the plat in evidence “to show that that tract of land had been divided into town lots and official record made of the same.” Objection was made to the introduction of the record -‘because not a transcript, and, ■second, because it has not been shown to be a correct plat of the lands in question.” The court ruled as follows: “That is a question for the jury to determine,” and an exception was taken to this ruling admitting the record of the plat in.evidence. A copy of the
The other points presented need not be considered. Judgment reversed and new trial awarded.