Bugg v. Cook

(After stating the facts.) 1.' The evidence, though in conflict, was sufficient to authorize the verdict. There was positive evidence that the crossing was on a public road. De*118fendant did not rebut this testimony' by- evidence to the contrary. While one of the burdens resting upon the plaintiff in a case of this sort is to prove that the crossing was on a public highway, yet there being positive evidence to this effect which was uncontroverted by other testimony, and to the introduction of which no objection was taken, the verdict will not be set aside because of failure to prove the manner…