Rhodes v. Halvorson
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for La Crosse county: J. J. Feuit, Circuit Judge. This is an action for an alleged trespass for the cutting down of fences on the premises of appellants.
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Appeal from a judgment of the circuit court for La Crosse county: J. J. Feuit, Circuit Judge. This is an action for an alleged trespass for the cutting down of fences on the premises of appellants. Respondents entered appellants’ premises and caused the fences to be removed upon the ground that they closed up the public highway, established by twenty years of adverse public user, and by having been traveled and worked for a period of ten consecutive years before this action was commenced. Appellants áre the owners of the premises through which the alleged highway runs. Their land consists of…
1Opinion of the CourtSiebecKER, J.
Sec. 1294, Stats. 1898, provides, “All roads not recorded which shall have been or shall be used and worked as public highways ten years or more shall be deemed public highways,” unless it comes within one of the exceptions under this section. These exceptions are not material to this case. Upon the evidence, the jury, under proper instructions, found that the locus in quo had been used and worked as a public highway for a period of ten consecutive years prior to the commencement of this action, namely, from 1890 to 1901. Appellants insist the court erred in submitting this question to the…
2Cases cited5 opinions
- City of Chippewa Falls v. HopkinsWisconsin Supreme Court · 1901
- Hanson v. TaylorWisconsin Supreme Court · 1869
- Hart v. Town of Red CedarWisconsin Supreme Court · 1885
- Scribner v. BluteWisconsin Supreme Court · 1871
- Blute v. ScribnerWisconsin Supreme Court · 1868
3Cited by2 opinions
- State v. NesbittIdaho Supreme Court · 1957
- State v. NesbittIdaho Supreme Court · 1957