#### Town of Griggsville, appellee, v. George R. Newman, appellant.

Action to recover statutory penalty for encroaching on highway. Judgment for plaintiff. Appeal from the Circuit Court of Pike county; the Hon. Harry Higbee, Judge, presiding. Heard in this court at the October term, 1918.

Reversed and remanded.

Opinion filed April 29, 1919.

Rehearing denied July 9, 1919.

W. E. Williams and A. Clay Williams, for appellant. Paul F. Grote, for appellee.

Mr. Justice Waggoner

delivered the opinion of the court.