McKenzie v. Haines
Wisconsin Supreme Court
Appeal from a judgment of tlie circuit court for Sauk county: R. G. Siebkckeb, Circuit Judge. This is an action in equity to compel the removal of obstructions upon an alleged public highway in the village of Morrimac, and to enjoin any future obstruction thereof. The-answer'denies-tho existence of the'alleged highway, and claims title by adverse possession.
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Appeal from a judgment of tlie circuit court for Sauk county: R. G. Siebkckeb, Circuit Judge. This is an action in equity to compel the removal of obstructions upon an alleged public highway in the village of Morrimac, and to enjoin any future obstruction thereof. The-answer'denies-tho existence of the'alleged highway, and claims title by adverse possession. River street, in tho village of Merrimac, runs nearly north and south, and the disputed parcel of land is a strip fifty feet wide, running at right angles with River street, and extending west therefrom to Second street, which runs…
1Opinion of the CourtWiNSLOW, J.
This is an action in equity to obtain the removal of obstructions in an alleged public highway, and to enjoin its future obstruction. It was brought by a private party on the ground that such party suffered peculiar damage different in kind from that suffered by the public generally by reason of the obstructions. The question litigated was whether the locus in quo was 'in fact a public highway.
A public highway may be created by the making and recording of a plat, in conformity with ch. 101, Stats. 1898, with the highway or street indicated thereon, and when this is done no act on the'part of…
2Cases cited7 opinions
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Farmer v. St. Croix Power Co.Wisconsin Supreme Court · 1903
- Brown v. GriswoldWisconsin Supreme Court · 1901
- Buchanan v. CurtisWisconsin Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Calumet Service Co. v. City of ChiltonWisconsin Supreme Court · 1912
- Catlin & Powell Co. v. SchuppertWisconsin Supreme Court · 1907
- Closuit v. John Arpin Lumber Co.Wisconsin Supreme Court · 1907
- Young v. MinerWisconsin Supreme Court · 1910
- Gogolewski v. GustWisconsin Supreme Court · 1962
4 more not listed; retrieve them via the Exa API.