State v. Castle
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. The cause is thus stated by Mr. Justice Taylob, in his opinion as originally prepared: This action was brought to recover a penalty for obstructing a public highway, and a verdict was rendered in favor of the plaintiff in the court below; and from the judgment entered thereon, the defendant appealed to this court.
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APPEAL from the Circuit Court for Dane County. The cause is thus stated by Mr. Justice Taylob, in his opinion as originally prepared: This action was brought to recover a penalty for obstructing a public highway, and a verdict was rendered in favor of the plaintiff in the court below; and from the judgment entered thereon, the defendant appealed to this court. The appellant relies upon the following assigned errors: 1. That the judge erroneously instructed the jury that the place where the obstructions were placed by the defendant was a legal highway. 2. That he also erroneously instructed…
1Opinion of the CourtTaylor, J.
That there had been a public highway at the ' locus in quo, previous to the time when the road was closed up in April, 1876, all parties admit, and the only question upon *675that point was, whether the same had been lawfully discontinued previous to the time when the defendant renewed the obstructions in 1877. The proceedings of the supervisors, by which it is claimed the highway was discontinued, were void for two reasons.
First. The notice given was insufficient to give the supervisors jurisdiction to act in the matter. This court has so decided in Babb v. Carver, 7 Wis., 124; Austin v. Allen,…
2Cases cited5 opinions
- State v. PrestonWisconsin Supreme Court · 1874
- Kneeland v. GilmanWisconsin Supreme Court · 1869
- Grant v. City of DavenportSupreme Court of Iowa · 1865
- Babb v. CarverWisconsin Supreme Court · 1859
- People ex rel. Holcomb v. Township BoardMichigan Supreme Court · 1861
3Cited by9 opinions
- County of San Diego v. California Water & Telephone Co.California Supreme Court · 1947
- Stoddard v. JohnsonIndiana Supreme Court · 1881
- Doctor v. HartmanIndiana Supreme Court · 1881
- City of Chippewa Falls v. HopkinsWisconsin Supreme Court · 1901
- Brown v. StateWisconsin Supreme Court · 1909
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