Judgment insofar as appealed from reversed on the law and the facts, with costs, and action remitted to the learned Official Referee for further proceedings not inconsistent with the views hereinafter set forth.
Adverse use by the public of a road continuously for a period of 20 years or more may render the road a public highway on the theory of prescription (City of Cohoes v. President, Managers & Co. of Delaware & Hudson Canal Co., 134 N.Y. 397; ...
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