State ex rel. Jarman v. Root
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green county; George Grimm, Circuit Judge. Action of 'mandamus to compel the supervisors of the town of Brooklyn, Green county, to remove or to take action to remove a fence alleged to be an encroachment upon a highway used by relator.
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Appeal from a judgment of the circuit court for Green county; George Grimm, Circuit Judge. Action of 'mandamus to compel the supervisors of the town of Brooklyn, Green county, to remove or to take action to remove a fence alleged to be an encroachment upon a highway used by relator. The court found as' facts that the highway in question, running south from the center of section 21, was laid out in 1862 four rods wide; that only the east two rods were ever opened up or traveled; that a fence in substantially the same place it now occupies has been maintained north and south on or near the…
1Opinion of the CourtVinje, J.
It is not clear from the amended petition whether the action is one to compel the supervisors to remove the fence as an encroachment or one to compel them to institute proceedings under sec. 1330 et seq., Stats. 1919, for its removal. We shall. construe it, however, to be the latter..
The trial court found there is no record of an award of damages to the owners of the west two-rod strip of the highway as laid out, though there is evidence that other owners were awarded damages. Such a state of the record, in connection with the facts shown by the evidence to the effect that there is no proof…
2Cases cited2 opinions
- McKee v. HullWisconsin Supreme Court · 1887
- Dolphin v. PedleyWisconsin Supreme Court · 1871
3Cited by1 opinion
- Barrows v. Kenosha CountyWisconsin Supreme Court · 1959