Kenyon v. Hookway

This action is brought nominally to recover for an alleged trespass committed by defendant upon land lying upon .the easterly boundary of premises heretofore conveyed to him by plaintiff. The real and substantial question, however, is whether the land upon which he went at the time of such alleged trespass' is, as between him and plaintiff, a street or highway. As a matter of fact no actual evidence was given upon the trial of the trespass complained of, but it was admitted and conceded by counsel upon both sides that if it should be found that the land upon which the defendant went was not a…