Jackson v. Rankin
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for La Faijette County. Tbe action is trespass. Tbe complaint charges that tbe defendant broke and entered the plaintiff’s close, tore down bis fences, and did other injuries to bis freehold, to bis damage, etc.
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APPEAL from tbe Circuit Court for La Faijette County. Tbe action is trespass. Tbe complaint charges that tbe defendant broke and entered the plaintiff’s close, tore down bis fences, and did other injuries to bis freehold, to bis damage, etc. Tbe defendant answered that tbe locus i/n quo was a public highway, .legally laid out and established; that tbe plaintiff or his grantor bad neglected and refused to open tbe same after having been required to do so by competent authority; that tbe defendant was overseer of th,e road district in which such premises were situated, and was ordered by the…
1Opinion of the CourtLyoN, J.
The main question litigated on the trial was whether the alleged highway was legally laid and established. The court found that it was. If that finding is correct, we are satisfied by the evidence that the defendant was justified in doing the acts complained of which he did within the limits of the highway. The first question is, therefore, Was the alleged highway legally laid out? The proceedings in that behalf are in evidence, and their valid*287ity is challenged chiefly because of the alleged insuflicient and uncertain description therein of the proposed highway.
The line of the alleged highway…
2Cases cited1 opinion
- State ex rel. Supervisors of the Town of Iola v. NelsonWisconsin Supreme Court · 1883
3Cited by5 opinions
- Bartlett v. Eau Claire CountyWisconsin Supreme Court · 1901
- Schroeder v. KlippWisconsin Supreme Court · 1904
- State ex rel. Milwaukee, Lake Shore & Western Railway Co. v. O'ConnorWisconsin Supreme Court · 1890
- Schillock v. JonesWisconsin Supreme Court · 1911
- Genske v. VeithWisconsin Supreme Court · 1922