
    GEORGE C. BRIGGS, as Commissioner of Highways, Respondent, v. OLIVER DOUGHTY, Appellant.
    
      Encroachment an highway — certificate of jury as to — requirements of.
    
    In an application to compel the removal of buildings and fences, alleged to encroach on a highway, a certificate of the jury “ that an encroachment in the said highway has been made ” is defective, and will not authorize the entry of a judgment requiring the removal of the building. The certificate should state the particulars of the encroachment. (1 R. S. [Edmonds’ ed.], 482, § 107; Fitch v. Oomrs. of Kirkland, 22 Wend., 132.)
    Appeal from a judgment of the County Court of Dutchess County, affirming a judgment of the Justice’s Court in favor of the plaintiff.
    
      C. B. Herrick, for the appellant. Daniel W. Guernsey, for the respondent.
   Opinion by

Barnard, P. J.

Talcott, J., concurred.

Present' — 'Barnard, P. J., Talcott and Pratt, JJ.

Judgment of County Court reversed, with costs.  