Public Highway—Pleading Ultimate Fact—Manner of Establishment.—It is not essential to the statement of ■ a cause of action based on the theory of a public highway that the manner in which the land became a public highway should be alleged. An allegation that certain described land was, and had been for many years, a public highway, is a sufficient allegation of the ultimate fact of public highway.

Id.—Uncertainty—Establishment by Legal Authority.—A complaint simply alleging a public highway is not subject to demurrer for uncertainty because it fails to show whether the same was “laid out, described or opened by” any legally constituted authority.

Id.—Description of Highway—Certainty of Description in Complaint and Judgment.—Where it is sought to have it decreed that real property of a person is subject to a use or easement in favor of another, as a public highway or a private right of way, the property affected must be described in the complaint with such certainty as to enable the party against whom the claim is made to definitely ' know exactly what portion of his property is so claimed, and the judgment establishing the validity of the claim must be definite and certain as to the property affected.

Id.—Insufficient Description in Complaint.—In an action to establish a public highway, in which the complaint alleged that the plaintiff owned the 8. W. % of the S. E. 14 of see. 20, T. 10 8, B. 20 E., Mt. D. B. & M., a description of the alleged highway merely as “a strip of land forty-five feet wide traversing the southerly section line of section 20,” T. 10 B., 20 E. Mt. D. B. & M., “in the southwest quarter of the southeast quarter of said section, and running thence southerly a distance of about three eighths of a mile across the northeast quarter of section twenty-nine in said township and range,” to a certain road, is insufficient.

Id.—Insufficient Description in Judgment.—In such action, a judgment describing the land decreed to be a public highway as “a strip of land sufficient in width for the convenient travel and use of the public, with teams, wagons, and agricultural implements, traversing the southerly line of section 20 ... in the southwest quarter of the southeast quarter of said section, and running thence southerly, in practically a straight line, a distance of about three eighths of a mile across the northeast quarter of section twenty-nine in said township and range, and which said road joins and intersects with the highway known as the Hildreth road,” is insufficient.

Id.—Finding of Probative Facts of Public User—Dedication.—In an action to establish a public highway, in which the complaint alleges the ultimate fact of public highway, a finding of specific probative facts sufficient to establish a public highway by such a user as conclusively implies a dedication, is not outside of the issues.

Id.—Presumption of Consent and Dedication—Knowledge and Acquiescence.-—A finding showing a continuous adverse use of the highway by the public for a period of more than fifteen years immediately preceding the erection of the particular obstruction complained of, establishes against the owner the conclusive presumption of consent, and so of dedication, and affords the conclusive- and indisputable presumption of knowledge and acquiescence, while-at the same time it negatives the idea of a mere license.

Id.—License and Permission.—A further finding that such use “was without the license or permission” of the owner of the land, merely negatives the idea of license or permission, the presence of which would prevent the acquirement of the right by the public.

Id.—Plaintiff Suffering Special Damage—Obstruction of Highway. —One who suffers special injury in the matter of the comfortable use and enjoyment of his property may maintain an action to enjoin . a public nuisance, consisting of the obstruction of a public highway,, and to recover the damages caused him thereby.

Id.—Damages for Obstruction—Estate of Deceased Person—Claim Need Not Be Presented against Estate.—A claim for damages, against the estate, of a deceased person, for special injury caused by the obstruction of a public highway maintained by the deceased up to the time of his death, does not arise upon contract, and need not he presented to his personal representative prior to the bringing of suit thereon.

Id.—Findings—Bights of Plaintiff as Abutting Owner.—In an-action to establish a public highway, to enjoin the maintenance of an obstruction thereon, and to recover damages for special injuries, caused to the plaintiff by the obstruction, a finding to the effect that the land in question was a public highway for the use of the public, is not inconsistent with another finding to the effect that the plaintiff, as owner of property to which said way extended, was entitled to such private rights therein as belong to the owner of a lot abutting on a public street or highway.