(dissenting in part).
I am not in agreement with so much of the majority opinion that holds there was a common law dedication by the appellant of the Mill Street underpass for public purposes, or a prescriptive right in the public by long continued use. Railroad Co. v. Village of Roseville, 76 Ohio St. 108, 118, 81 N.E. 178; Pennsylvania Rd. Co. v. Donovan, 111 Ohio St. 341, 145 N.E. 479; Village of Hicks-ville v. Lantz, 153 Ohio St. 421, 427, 92 N.E.2d 270. I am of the opinion that the District Court was in error in dismissing the amended cross-petition of the appellant.