The Queen against Sturge
| Jurisdiction | England & Wales |
| Judgment Date | 29 May 1854 |
| Date | 29 May 1854 |
| Court | Court of the Queen's Bench |
English Reports Citation: 118 E.R. 1316
COURTS OF QUEENS BENCH AND THE COURT OF EXCHEQUER CHAMBER.
S.C. 23 L.J.M.C. 172; 18 Jur. 1052.
[734] the queen against sturge. Monday, May 29th, 1854, On the trial of an indictment charging defendant with obstructing a footway leading from A. to C., it appeared that there was a way leading from A. to C., but that it passed through an intermediate point B., and that the way was a carriage way from A. to B. and a footway only from B. to C. The obstruction was between B. and C.-Held that, assuming this to be a misdescription, the indictment might, under stat. 14 & 15 Viet. c. 100, s. 1, be amended at the trial, by substituting a description of the way as a footway leading from B. to C. [S. C. 23 L. J. M. C. 172; 18 Jur. 1052.] The indictment charged that defendant, on &c., at the pariah of Northfleet, in Kent, " in and upon a certain highway there, being a common and ancient public footway, leading from out of the turnpike road between Dartford in the said county and Gravesend in the said county, towards, unto and over and along a part of the shore of the river Thames called the Hard, in the said parish of Northfleet, and, over and along a certain other part of the said parish of Northfleet, towards, unto and into the town of Gravesend in the said county, used for all the liege subjects of our Lady the Queen to go, return, pass and repass, on foot, every year, and at all times of the yar, at their free will and pleasure, unlawfully and injuriously did dig" pits and holes, and erect posts and rails, and deposit large quantities of stones &c., and continue, aud still doth continue, &c., "in and upon the said common public footway ; whereby the said common public footway," on &c., was and still is obstructed &c., so that the liege subjects could not, on &c., "go, return, pass ami repass, in, through, along and over the said footway, as they were before used" &c., and still &c.: to the damage of all the liege subjects " going, returning, passing and repassing over and along the said footway " &c. Plea : Not guilty. Issue thereon. On the trial, before Parke B., at the last Kent Assizes, it appeared that the highway in question led, as described [735] in the indictment, from the turnpike road between Dartford and Gravesend into the town of Gravesend. Between these termini, it passed over a hill called Orrne House Hill; and it appeared that, from the said turnpike road to the top of Orme House Hill...
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