Legal Opinion

Green v. Town of Bridge Creek

Wisconsin Supreme Court

Decided August 15, 1875PublishedCited by 3 opinions

APPEAL from the Circuit Court for JEau Claire Count}^ Bridge creek Sows through the territory of the defendant town in a general northwestern direction, and crosses the western boundary of said town into the adjoining town of Lincoln, some thirty or forty rods above the point where it empties into the Eau Claire river.

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APPEAL from the Circuit Court for JEau Claire Count}^ Bridge creek Sows through the territory of the defendant town in a general northwestern direction, and crosses the western boundary of said town into the adjoining town of Lincoln, some thirty or forty rods above the point where it empties into the Eau Claire river. Over this creek, at a point in the defendant town about five rods east of the line between it and the town of Lincoln, was built, in December, 1869, by private persons residing in the latter town, a bridge known as “ Murphy’s bridge.” A road runs in a general easterly…

1Opinion of the CourtCole, J.

For the purposes of this case it may he assumed that the road known as the old pinery road, down the ravine and across Bridge Creek at the ford, had become a public highway by user or prescription. It may also be conceded that the road across the crown of the hill, which turned back into the main track, and which the evidence showed - had been traveled over for more than ten years, was likewise a highway by user. But still the town rests its defense upon the ground that the bridge where the accident occurred was no part of either of these highways, and that it was under no obligation to keep…

2Cases cited2 opinions

  1. Houfe v. Town of FultonWisconsin Supreme Court · 1874
  2. City of Milwaukee v. DavisWisconsin Supreme Court · 1858

3Cited by3 opinions

  1. James v. City of PortageWisconsin Supreme Court · 1880
  2. Bishop v. City of CentraliaWisconsin Supreme Court · 1880
  3. McKinley v. Chosen FreeholdersNew Jersey Court of Chancery · 1878

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