Obstructing Railways

Acts constituting the obstruction of railroad tracks a crime exist in many states, e. g. Alabama, California, Indiana, Iowa, Massachusetts, Minnesota, Mississippi, Nebraska, New Hampshire, New York, and Tennessee and in England. The motive with which it is done is not material; Clifton v. State, 73 Ala. 473; it need not appear that an obst ruction maliciously placed on the track did actually hinder the trains; State v. Clemens, 38 la. 257. It is the intent of the act and not the natural consequences which makes a crime; 25 Alb. L. J. 419. A driver of a vehicle who refuses to turn off a street railway track, when notified, may be guilty of obstructing a railway track; Com. v. Temple, 14 Gray (Mass.) GO. In Texas it must be shown that the obstruction was such as would endanger human life; Bullion v. State, 7 Tex. App. 4G2. If a person’s wagon accidentally becomes caught in a crossing, he is not liable on an indictment for obstructing the track, though he was negligent; 3 L. T. GG5. Permitting cars to remain for an unnecessarily long time on a highway is a nuisance; State v. K. Co., 95 N. C. 002; whether it be in bad faith or not; State v. R. Co., 120 Ind. 298, 22 N. E. 307. See Nuisance; Railroad. 0BVENTI0 (Lat. obvcmrc, to fall in). In Civil Law. Rent or profit accruing from a thing, or from industry. It is generally used in the plural. In Old English Law. The revenue of spiritual living, so called. Cowell. Also, in the plural, offerings. Co. 2d lust. GG1.