President & Trustees of the Village of West Bend v. Mann
Wisconsin Supreme Court
APPEAL from the Circuit Court for 'Washington County. The case is thus stated by Mr. Justi«e Cassoday: “This is an action to recover the amount of moneys expended by the plaintiff in repairing a certain bridge in a highway, which, it is alleged, the defendants were in duty bound to keep and maintain.
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APPEAL from the Circuit Court for 'Washington County. The case is thus stated by Mr. Justi«e Cassoday: “This is an action to recover the amount of moneys expended by the plaintiff in repairing a certain bridge in a highway, which, it is alleged, the defendants were in duty bound to keep and maintain. At the close of the trial the court found, in effect, that the highway was laid out and opened by the commissioners of the town of West Bend, October 23, 1846, and had ever since been a public highway and used as such; that in June, 1847, E. B. Wolcott dug a raceway across the highway in…
1Opinion of the CourtCassoday, J.
1. Assuming that the record of laying out the highway in question by the commissioners was irregular, so as not to show a legally laid out highway in . October; 1846, yet it appears from the evidence that it was opened, worked, and traveled prior to the digging of the raceway. This being so, the subsequent digging of the raceway across the highway, and the bridging of the same at the place of such crossing by Mr. Wolcott, who owned the land at the time, was a direct recognition of and acquiescence in the existence and legality of such highway. Such recognition and acquiescence were continued…
2Cases cited9 opinions
- Congreve v. . SmithNew York Court of Appeals · 1858
- Requa v. . the City of RochesterNew York Court of Appeals · 1871
- Heacock v. ShermanNew York Supreme Court · 1835
- Houfe v. Town of FultonWisconsin Supreme Court · 1874
- Town of Centerville v. WoodsIndiana Supreme Court · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- City of Indianapolis v. Indianapolis Water Co.Indiana Supreme Court · 1916
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Holl v. City of MerrillWisconsin Supreme Court · 1947
- Papworth v. City of MilwaukeeWisconsin Supreme Court · 1885
- Young v. RothrockSupreme Court of Iowa · 1903
10 more not listed; retrieve them via the Exa API.