Osborn v. Hart
Wisconsin Supreme Court
APPEAL from the Circuit Court for Racine County. On petition of Osborn and another, the circuit court issued a certiorari to Hart and others, supervisors of a certain town in said county, to bring before it for review the proceedings of said supervisors in laying out and establishing a private road through the land of said petitioners, on the application of one Smith.
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APPEAL from the Circuit Court for Racine County. On petition of Osborn and another, the circuit court issued a certiorari to Hart and others, supervisors of a certain town in said county, to bring before it for review the proceedings of said supervisors in laying out and establishing a private road through the land of said petitioners, on the application of one Smith. After a hearing, the proceedings of the supervisors in laying out such road were affirmed, and a judgment rendered against the petitioners for costs; and they appealed. ■ cited Const, of Wis., art. 1, sec. 13 ; Hewcomb ¶. Smith,…
1Opinion of the CourtCole, J.
By our statute, whenever an application is made to the town supervisors, by any freeholder whose land is excluded from the highway, to lay out a private road, the supervisors are authorized' to lay out such private road, the damages to the owner of the land through which such road may be laid to be ascertained and determined as in case of laying out a public highway ; except that the applicant for such private road shall, in all cases, pay the damages and costs arising from the laying out of such road. Section .70, chap. 19, R. S. The next section is as follows: “Every such private road, when…
2Cases cited1 opinion
- Dickey v. TennisonSupreme Court of Missouri · 1858
3Cited by17 opinions
- B. & O. Railroad v. P. W. & Ky. RailroadWest Virginia Supreme Court · 1881
- Healy Lumber Co. v. MorrisWashington Supreme Court · 1903
- In Re Opening a Private Road for the Benefit of O'ReillySupreme Court of Pennsylvania · 2010
- Chesapeake Stone Co. v. MorelandCourt of Appeals of Kentucky · 1907
- Wild v. DeigIndiana Supreme Court · 1873
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