Williams v. Fink
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. Trespass to the close. Answer, that the alleged close was a public highway.
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APPEAL from the Circuit Court for Milwaukee County. Trespass to the close. Answer, that the alleged close was a public highway. It appeared in evidence that the locus in quo was enclosed and cultivated by the plaintiff as a part of his farm; that it was separated by a fence from a public road; that the defendant fixed a threshing machine in the road, the sweep of which reached near plaintiff’s fence; that some person attempted to pass with an ox team while defendant was threshing, but was requested by the threshers to stop; that he then offered to go back and take another road, but the…
1Opinion of the Court
By the Court,
Cole, J.
Assuming that the place where the alleged trespass was committed was a legal highway, and that the fence was a clear encroachment upon it, still, upon the facts disclosed in the evidence, was the appellant justified in remov*267ing it ? If this question is answered in tbe negative, then it is obvious that the-other exceptions taken by the counsel for the appellant become immaterial and need not be noticed.
The appellant justifies the removal of the fence upon the ground that it stood in the highway, obstructing the travel and interfering with the use of the road by the public.…
2Cited by4 opinions
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