Aikens v. New York, New Haven, & Hartford Railroad

This is an action of tort, under the Pub. Sts. c. 112, § 213, by the administratrix of the estate of John S. Aikens, to recover damages for the death of her intestate, who was killed by a locomotive engine, on January 18, 1899, while driving across the location of the defendant’s road oh a way called Freeman Street.

*548At the trial in the Superior Court, at the close of the evidence, the judge directed a verdict for the defendant. It was agreed by counsel that if the case should have been left to the jury upon the question whether there was a public highway by prescription over the railroad…