Hubbell v. Goodrich
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sauh County. The action is to recover damages for an alleged trespass by the defendants in entering upon the lands of the plaintiff and taking down and removing a fence.
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APPEAL from the Circuit Court for Sauh County. The action is to recover damages for an alleged trespass by the defendants in entering upon the lands of the plaintiff and taking down and removing a fence. The answer avers that the locus in quo is a public highway; that the defendant Goodrich, who was then overseer of highways in the road district in which such lands are situated, entered upon the plaintiff’s said land, and, with the assistance of the other defendant, removed such fence out of the highway, doing no unnecessary damage ; and that he removed the fence by order of the supervisors…
1Opinion of the CourtLyon, J.
1. The supervisors are charged by law with the care of the highways in their respective towns, and it is their duty to give directions for repairing the same, and from time to time to require overseers of highways therein to perform their duties. R. S., ch. 19, sec. 1 (Tay. Stats., 477, § 1). The supervisors have power, and it is their duty, to cause the summary removal of any public nuisance found in any highway under their jurisdiction. Neff v. Paddock, 26 Wis., 546. And to this end they may require the overseer in whose district it is located, so to remove the same.
Any obstruction in or…
2Cases cited3 opinions
- State v. PrestonWisconsin Supreme Court · 1874
- Wyman v. StateWisconsin Supreme Court · 1861
- Neff v. PaddockWisconsin Supreme Court · 1870
3Cited by12 opinions
- Lowe v. ConroyWisconsin Supreme Court · 1904
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- Adams v. City of MilwaukeeWisconsin Supreme Court · 1911
- Childs v. NelsohWisconsin Supreme Court · 1887
- State v. LeaverWisconsin Supreme Court · 1885
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