59 N.Y.S. 103 | N.Y. App. Div. | 1899
There is no claim upon the part of the appellant in this case that the strip of land in question was ever dedicated by the owners as a public highway, or accepted as such by the village authorities. The claim is, that it became a highway by prescription.
I do not think that the evidence establishes a highway by prescription, or that there was sufficient evidence to justify a finding by the referee to that effect.
The use by the public was not adverse to the title of the plaintiffs or their predecessors in title. ¡
The most that the evidence establishes in regard to the way in
The judgment should, therefore, be affirmed.
All concurred, except Parker, P. J., not sitting.
Judgment affirmed, with costs.