Hall

This is an appeal by defendant from a judgment rendered against him and an order denying him a new trial, in an action brought by plaintiff, as road commissioner, to remove and abate an encroachment and obstruction erected by defendant upon a public highway.

*452 The court found that the road had, for more than thirty years prior to the commencement of the action, been “ continuously, peaceably, uninterruptedly, notoriously, openly, and with the knowledge and consent- of defendant, and his grantors, used as and for a public highway and road by the public in general, and by all persons who chose to travel such road.” And “that said user, as aforesaid, was adverse to the possession of defendant and his said grantors, and with' the knowledge and consent of said defendant and his grantors up to about April 1, 1893.” From these facts the court found and concluded that the road was a public highway at the time of the encroachment (which was made in 1893); and that the defendant and his grantors and predecessors had dedicated said road to the public as a highway, and that the same had been accepted as such.

These findings are attacked as unsupported by the evidence in various…