#### Town of Georgetown, ex rel. Eugene Quartier, Appellant, v. Oscar McCorkle and Kittle McCorkle, Appellees.

(Not to be reported in full.)

Appeal from the Circuit Court of Vermilion county; the Hon. William B. Scholfield, Judge, presiding.

Heard in this court at the April term, 1913.

Affirmed.

Opinion filed October 16, 1913.

Statement of the Case.

Action by Town of Georgetown ex rel. Eugene Quartier against Oscar McCorkle and Kittie McCorkle for obstructing a public highway alleged to exist by reason of prescription. From a judgment finding defendants not guilty, plaintiff appeals.

*322Abstract of the Decision.

1. Roads and bridges, § 23 * —when evidence insufficient to show establishment of highway by prescription. In an action for the obstruction of a highway, the issue being whether the road was established by prescription, evidence held sufficient to warrant a verdict for defendants, the evidence being conflicting, as to whether a gate or bars had been maintained at a place where the alleged road leads off from the public highway, and it appearing'that a short distance from the public highway the road ceased to maintain any general direction and there was no demarcation of any line of travel ever maintained from that point on.

2. Roads and bridges, § 208 * —admissibility of evidence. In an action for the obstruction of a highway, the issue 1 ng whether the alleged road was established by prescription, evidence showing that there was another highway or public road by which access might he gained to a certain cemetery, held wholly immaterial, the admission thereof held error, though not prejudicial.

This cause was before this court on a prior appeal (164 Ill. App. 314), in which a judgment in favor of defendants was reversed upon errors of law committed by the trial court upon the former trial.

Lewman & Crayton, J. Ed. Thomas and Thomas A. Graham, for appellant.

Lindley, Penwell & Lindley, for appellees.

*

See Illinois Notes Digest, Vols. XI to XV, same topic and section number.

Mr. Presiding Justice Philbriok

delivered the opinion of the court.