King v. Corsini

Mr. JUSTICE THOMAS J. MORAN

delivered the opinion of the court:

Plaintiffs, on August 1, 1972, filed a three-count complaint seeking to enjoin defendants from obstructing a certain roadway which defendant Julio Corsini had barricaded on July 14, 1972. After hearing, the trial court found in favor of plaintiffs, declared the roadway-in-question a public highway by prescription and enjoined defendants from obstructing it.

On appeal, defendants contend (1) that the trial court erred in not allowing count 2 of plaintiffs’ complaint, dismissed prior to trial, to be admitted as an admission against…