Lefebvre's Admr. v. Central Vermont Railway Co.

When this case was here before (97 Vt. 342, 123 Atl. 211) , the theory of the plaintiff was that the highway over which the decedent, Grace LeFebvre, was riding at the time ■of the collision in question at the crossing at Eiverton station was regularly laid out and four rods wide. The theory of the defendant then was that the highway there was one established by user, dedication, or adoption, and that its width was only such as had become fixed by user. At the second trial, the record of which is now before us for review, the theory of both parties was that said highway at that place was of…