Driscoll v. Newark & Rosendale Lime and Cement Co.

The intestate was not a trespasser, whether killed when he was on the Defendants’ land, or on the land whereof the fee belonged to his employers. The habitual use of the footpath across the quarry lots for many years, without objection, warrants a finding of license from the Defendants to cross their land to go to his house. Indeed, if no such license is to he inferred, the Judge could not, upon the evidence, have nonsuited on an assumption that the intestate was on the Defendants’ land when hit. That is in great doubt upon the evidence; and if Defendants wished the question to be submitted…