Potter v. Safford

Trespass to lands. The defense is that the locus in quo is a public highway. As the title of the plaintiff was not disputed, the case turns on the evidence given to establish the existence of the public way.

The sole evidence given on that subject was evidence of user by the public as a highway, which it was claimed had continued for more than ten years previous to the alleged trespass. The plaintiffs disputed this, but they also claimed that, admitting the user relied upon, it was immaterial unless it had continued for sufficient length of time to bar a right of entry; which, under existing…