Doughty v. Brill

This case comes before this court on an appeal from a judgment in favor of the defendant, dismissing the complaint with costs.

The action was brought by the plaintiffs, commissioners of highways of the town of Beekman in the county of Dutchess, to recover penalties imposed by statute for an alleged encroachment upon the public highway. On the trial it • appeared, from the pleadings and proofs, that the highway, at the place of the alleged encroachment, had been used as such by the public for a period exceeding twenty-five years, and that proceedings had been taken by the commissioners under…