Galloway v. Bonesteel
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Fond du Lao County. Action for a trespass to land. A jury was waived. Tbe findings and conclusions of tbe trial court will sufficiently appear from tbe opinion. Erom a judgment in favor of tbe defendant tbe plaintiffs appealed. contended, inter alia, that a way “ of necessity ” arises only in cases of strict necessity, not of convenience or even great convenience.
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APPEAL from tbe Circuit Court for Fond du Lao County. Action for a trespass to land. A jury was waived. Tbe findings and conclusions of tbe trial court will sufficiently appear from tbe opinion. Erom a judgment in favor of tbe defendant tbe plaintiffs appealed. contended, inter alia, that a way “ of necessity ” arises only in cases of strict necessity, not of convenience or even great convenience. Where tbe way must be founded on an implied reservation, instead of an implied grant, tbe necessity must be stronger. Dutton v. Ta/ylor, 2 Lutw. 1481; Tencmt v. Gold/win, 2 Ld. Raym. 1089; Proctor…
1Opinion of the Court
Oole, O. J.
This is an action of trespass. The facts upon which the question of law arises are briefly these: Before 1810 one Charles Johnson, the owner in fee of a lot in the city of Fond du Lac, erected a brick building on the south 45 feet and 10 inches of the same, abutting on Main street, which building was known as “ Opera Hall Block.” The first story of the building was divided into two stores; the north store, now owned by the defendant, being 20 feet and 10 inches wide, including the walls; the south store, owned by the plaintiffs, being 25 feet wide, and including a stairway at the…
2Cases cited2 opinions
- Dillman v. HoffmanWisconsin Supreme Court · 1875
- Jarstadt v. SmithWisconsin Supreme Court · 1881
3Cited by11 opinions
- Miller v. HoeschlerWisconsin Supreme Court · 1905
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- Badura v. LyonsNebraska Supreme Court · 1946
- Frank C. Schilling Co. v. DetryWisconsin Supreme Court · 1930
- Bales v. ButtsSupreme Court of Missouri · 1925
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