Cunningham v. Hendricks
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Richland county: Geo. ClemeNtsoN, Circuit Judge. This is an action for damages for trespass npon lands. The acts claimed to be a trespass are conceded. The defense is that the locus in quo is a highway. It is not claimed that a highway had been laid out there, nor that it was a highway by ten years’ user, but that it was a highway by dedication. This was the only contested question.
Read the full summary
Appeal from a judgment of the circuit court for Richland county: Geo. ClemeNtsoN, Circuit Judge. This is an action for damages for trespass npon lands. The acts claimed to be a trespass are conceded. The defense is that the locus in quo is a highway. It is not claimed that a highway had been laid out there, nor that it was a highway by ten years’ user, but that it was a highway by dedication. This was the only contested question. It is claimed that the land was dedicated as a highway in the spring of the year 1886 by the then owner of the lands, one D. G-. Pease. The locus in quo is in what…
1Opinion of the CourtNewMAN, J.
Whether there was a dedication of the locus in guo to the public for a highway is purely a question of the intention of the owner of the lands, for dedication must rest on the clear intention of the owner of the lands to make such dedication. If the intent to dedicate is absent, there is no valid dedication. Bushnell v. Scott, 21 Wis. 451; Buchanan v. Curtis, 25 Wis. 99; Cahill v. Layton, 57 Wis. 600; Lawe v. Kaukauna, 70 Wis. 306; Irwin v. Dixion, 9 How. 10; Chicago v. C., R. I. & P. R. Co. 152 Ill. 561; Elliott, Roads & S. 92. The intention to dedicate must be made to .appear clearly. It…
2Cases cited8 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- City of Chicago v. Chicago, Rock Island & Pacific Railway Co.Illinois Supreme Court · 1894
- Wilder v. City of Saint PaulSupreme Court of Minnesota · 1866
- Cahill v. LaytonWisconsin Supreme Court · 1883
- Buchanan v. CurtisWisconsin Supreme Court · 1869
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Town of Randall v. RovelstadWisconsin Supreme Court · 1900
- George W. Condon Co. v. Board of County Com'rsWyoming Supreme Court · 1940
- Town of Minocqua v. NeuvilleWisconsin Supreme Court · 1921