Bequette

Plaintiff, claiming to be the owner of certain land through which an alleged highway ran, closed up the road by fencing across it.

The defendant removed the fence, and plaintiff brought an action of trespass to recover damages laid at one hundred dollars, and for an injunction against threatened trespasses of a like character if plaintiff should again erect the fence.

The defendant answered, denying plaintiff’s ownership of the land, alleging that he was road overseer of the district including this road, that the road in question was and is a public highway, that the fence was an obstruction and nuisance, and that he removed it under an order made by the hoard of supervisors, and denied that plaintiff had sustained damage. For a separate answer he alleged that plaintiff threatened to renew the obstruction, and prayed for an injunction.

The cause was tried by the court, and upon the findings judgment was entered for the defendant. The appeal is from the judgment and an order denying a new trial.

Appellant attacks the findings, and also specific numerous errors of law occurring upon the trial.

We think the evidence is sufficient to justify the find *284 ing that the way in…