
    Hougham v. Harvey.
    1. High-way; dedication. A dedication of land for a public highway may be established by evidence of its being used and worked as such by the public for a long number of years with the knowledge and consent of the owner of the land.
    2. -obstruction OP. Equity will afford relief to a person specially injured by the erection of an obstruction on a highway, by directing its removal and enjoining its continuance.
    
      Appeal from Polk District Court.
    
    Wednesday, February 21.
    The petition alleges, that, for more than twenty-one years, a certain road therein described has been used by the public as a highway, and work has been done upon it as such; that the public convenience requires it to be kept open, and that plaintiff is especially interested in the road as it is the nearest, and, at times, the only passable route for him from his home to Des Moines and to his timber. It is averred that the road, from the first, was used by the public with the knowledge and consent of the owners of the land over which it passes. The petition shows that the defendants obstructed and continue to obstruct the road by erecting gates and fences across it, thus depriving plaintiff and the public of the free enjoyment of the highway. The obstructions erected by defendants are upon land owned by them. The relief asked is that the road be declared a public highway; that the obstructions complained of be removed, and the defendants be enjoined from continuing the same, etc. A demurrer to the petition on the grounds that it does not state facts authorizing the relief sought, that plaintiff has a plain, speedy and adequate remedy at law, and that the petition is, “incomprehensible and not susceptible of any reasonable construction,” was sustained. Plaintiff appeals.
    
      Bannister & Phillips, Goode & St. John for the appellant.
    
      Crane & Leland, D. O. Finch, W. H. McHenry for the appellees.
   Beck, Ch. J.

The demurrer ought not to have been sustained. The petition, with sufficient certainty and explicitness, avers the existence of a highway. q^g ]_ong use ^ ^g for more than twenty-one years, and work done upon the road during all of that time, with the knowledge and consent of the owners of the land, is sufficient evidence of dedication of the land for the purposes of a road. Onstott et al. v. Murray et al., 22 Iowa, 457.

The obstruction of tbe road is sufficiently set out. Equity will afford relief to one specially injured by the erection of an obstruction on a highway, by directing and requiring its removal, and enjoining its continuance. Such obstructions are public nuisances, and will be abated and enjoined by courts of equity at the suit of a party aggrieved thereby. Ewell v. Greenwood, 26 Iowa, 377; Wilson v. Sexon, 27 id. 15.

The demurrer admitted the facts alleged in the petition. Upon those facts plaintiff is entitled to the relief prayed for, viz.: An injunction requiring the removal of the nuisance and forbidding its continuance. The petition should not have been dismissed and the relief should have been granted.

Reversed.  