Jones v. Davis
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Iowa County. Action for trespass to plaintiff’s close, in breaking down bis fence. Answer, that the locus in quo was a public highway.
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APPEAL from tbe Circuit Court for Iowa County. Action for trespass to plaintiff’s close, in breaking down bis fence. Answer, that the locus in quo was a public highway. It appeared from the evidence that the portion of plaintiff’s fence taken down by the defendant was upon a road or lane running across plaintiff’s land, and continued thence upon land belonging to defendant’s father; that this road had been open from 1853 to 1870, when the plaintiff fenced it up; that during that time it had been occasionally used by Davis, sen., and a few others; that Davis, sen., had worked out half of his…
1Opinion of the CourtOole, J.
It is very manifest that the vital question in this case was, whether the locus in quo was a public highway. If it was, it is conceded that the defendant might remove the obstruction without being guilty of a trespass, in order to pass over the road and use it for the purposes of travel. Upon this point counsel do not differ. But it is claimed by the plaintiff that the locus in quo never was a public highway, but was a mere private road or lane kept open and used by a few persons and families residing in the neighborhood, and that he had the right to shut it up where it crossed his land, at…
2Cited by10 opinions
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- Evans v. ScottCourt of Appeals of Texas · 1904
- Smith v. GardnerOregon Supreme Court · 1885
- Township of Madison v. GallagherIllinois Supreme Court · 1895
- Pitser v. McCreeryIndiana Supreme Court · 1909
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