
    Timothy McCarthy, Respondent, v. The Lake Shore and Michigan Southern Railway Company, Appellant.
    (Argued December 19, 1878;
    decided January 21, 1879.)
    This was an action to recover damages for injuries alleged to have been received at a highway crossing, and to have been occasioned by defendant’s negligence.
    ' The sole question presented on appeal was whether the place, where the accident happened, had become a public highway by dedication or prescription. Held, that whether it was so or not was a question of fact, and that the evidence was sufficient to authorize the jury to find that it was a public highway.
    
      A P. Laning for appellant.
    
      Francis H Wood for respondent.
   Per Curiam

mem. for affirmance.

All concur, except Rapadlo, J., absent.

Judgment affirmed.  