#### Town of Grand Prairie, Appellee, v. Fred Schneider, Appellant.

(Not to he reported in full.)

Appeal from the County Court of Jefferson .county; the Hon. Ahtbew D. Webb, Judge, presiding. Heard in this court at the March term, 1916.

Reversed and remanded.

Opinion filed November 13, 1916.

Statement of the Case.

Action by Town of Grand Prairie, plaintiff, against Fred Schneider, defendant, before a justice of the. peace for obstructing a public highway. From a judgment against defendant for $65.10 and costs on appeal to the Circuit Court, defendant appeals.

Schul & Ore, for appellant; C. F. Dew, of counsel.

W. G. Murphéy and Curtis Williams, for appellee.

*563Abstract of the Decision.

1. Roads and bbidqes, § 21 * —when prescriptive highway not established. Evidence in an action for obstructing a highway, held insufficient to show the existence of a highway by prescription.

2. Trial, § 69*—when limitation in number of witnesses improper. Limitation as to number of witnesses to prove an essential and strongly controverted point, held, erroneous, particularly where the limitation was applied to the witnesses for only one of the parties.

*

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

Mr. Presiding Justice Higbee

delivered the opinion of the court.