Torts · MBE-tested

Timothy McCarthy, Respondent, v. The Lake Shore and Michigan Southern Railway Company, Appellant

76 N.Y. 592·New York Court of Appeals·1879·NY

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Opinion

Timothy McCarthy, Respondent, v. The Lake Shore and Michigan Southern Railway Company, Appellant. (Argued December 19, 1878; decided January 21, 1879.) This was an action to recover damages for injuries alleged to have been received at a highway crossing, and to have been occasioned by defendant’s negligence. ' The sole question presented on appeal was whether the place, where the accident happened, had become a public highway by dedication or prescription. Held, that whether it was so or not was a question of fact, and that the evidence was sufficient to authorize the jury to find that it was a public highway. A P. Laning for appellant. Francis H Wood for respondent. [MAJORITY — Per Curiam] Per Curiam mem. for affirmance. All concur, except Rapadlo, J., absent. Judgment affirmed.