Babb v. Carver
Wisconsin Supreme Court
ERROR TO THE CIRCUIT COURT OE SAUK COUNTY. This was an action for injury to real estate brought by Babb, the plaintiff in error, against Carver, the defendant in error, for cutting down trees, &c., upon the premises of the plaintiff to his damages one hundred dollars.
Read the full summary
ERROR TO THE CIRCUIT COURT OE SAUK COUNTY. This was an action for injury to real estate brought by Babb, the plaintiff in error, against Carver, the defendant in error, for cutting down trees, &c., upon the premises of the plaintiff to his damages one hundred dollars. The defendant justified as overseer of highways for his town, the locus in quo ; and in his answer set out, that on the 10th day of February, 1858, six and more freeholders of the town of Reedsburg in said county, wishing to have a highway laid out and established, made application in writing to the Supervisors of said town for…
1Opinion of the Court
*126 By the Court,
Cole, J.
The circuit court instructed the jury in this case that the Supervisors of the town of Reeds-burg had taken the necessary “ steps to lay out the highway, and had taken the proper steps to compensate the plaintiff for taking his land for a public highway,” to which instruction the counsel for the plaintiff in error excepted. We consider this instruction erroneous, and as it materially involved the very merits of the defence set up by Carver to the action of trespass, there must be a new trial.
In the case of Austin vs. Allen, 6 Wis. Rep. 134, this court held that a notice…
2Cases cited1 opinion
- Austin v. AllenWisconsin Supreme Court · 1858
3Cited by5 opinions
- Jensen v. Board of Supervisors of Polk CountyWisconsin Supreme Court · 1879
- Ruhland v. Supervisors of the Town of Hazel GreenWisconsin Supreme Court · 1882
- State v. CastleWisconsin Supreme Court · 1878
- State v. LogueWisconsin Supreme Court · 1889
- Williams v. GiblinWisconsin Supreme Court · 1893