State v. K. C., St. J. & C. B. R. Co.

To establish the existence of the highway alleged in the indictment to have been obstructed, the State introduced and relied upon evidence tending to show that, for more than ten years, the road had been traveled by the public. No evidence was introduced of action, by the proper authority under the statute, to establish the road, nor was any positive act of dedication by the land owners shown. The existence of the road was claimed solely on the ground that it had been used by the public for such a time and in such a manner that it acquired therefrom, under the law, the character of a public…