Nashville & Decatur R. R. v. State

M’FablA'nd, Judge,

delivered tbe opinion of tbe Court.

This is a presentment for obstructing a public road. It appears that' tbe road in question has been used by tbe public for a number of years, and there is evidence that the owners of the soil have dedicated the road to the use of the public for a road; but it also appears that the County Court has not claimed the road, appointed an overseer, or in any manner recognized it as one of the- public roads of the county. The railroad company, in constructing its road, crossed the road in question with a high embankment. This the charter allows to…