Allen v. New Haven & Northampton Co.

This action is founded upon the tenth section of chapter seventh of the statute with regard to highways, and was brought to recover damages for an injury received by the plaintiff while riding in his sleigh at the place where Hazel street, a highway in New Haven, crosses the defendants’ railroad track, the injury having been caused by the sleigh striking the rails and throwing the plaintiff out.

The declaration, after setting forth the incorporation of the defendants, and the above statute, alleges that it was the defendants’ duty to keep the highway at the point of intersection in repair, but…