'A' sues 'B' for trespassing on his land. 'B' asserts the existence of a public right of way on the land which 'A' denies. Existence of decree in favor of defendant in a suit by 'A' against 'C' for encroachment on the same land in which 'C' alleges existence of the same road

• A. is relevant, but shall not apply as a stipulation
• B. illogical, but worth considering
• C. conclusive evidence that the right of way exists
• D. relevant but not conclusive evidence that the right of way exists.