Smith v. Gould
Wisconsin Supreme Court
APPEAL from the Circuit Court for Monroe County. The following statement of the case was prepared by Mr. Justice Cassoday: There is, and for many years has been, a public highway running north and south on the line between sections 10 and 11, in township 16 N., of range 4 W., being in the town of Leon, in. the county of Monroe, Wisconsin.
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APPEAL from the Circuit Court for Monroe County. The following statement of the case was prepared by Mr. Justice Cassoday: There is, and for many years has been, a public highway running north and south on the line between sections 10 and 11, in township 16 N., of range 4 W., being in the town of Leon, in. the county of Monroe, Wisconsin. The plaintiff owns, and did during the time in question, the S. % of the N. E. J- of said section 10, along upon the east line of which ran said highway. On the northeast corner of that piece of land stood the plaintiff’s dwelling-house. On the east side of…
1Opinion of the CourtCassoday, J.
For the purposes of this appeal the answer must be taken as true. It is very evident that the waters of the river were, and for a long time had been, working destruction to the public highway at the point in question. The supervisors of that town were made parties defendant. At the annual town meeting a resolution was passed giving the supervisors authority to appropriate sufficient money to repair and protect the highway from the encroachments of the river. The supervisors and overseer of the district consulted and agreed that the highway should be protected by cutting an artificial channel…
2Cases cited8 opinions
- Transportation Co. v. ChicagoSupreme Court of the United States · 1879
- Hooker v. New-Haven & Northampton Co.Supreme Court of Connecticut · 1841
- Green v. SwiftCalifornia Supreme Court · 1874
- Black River Improvement Co. v. La Crosse Booming & Transportation Co.Wisconsin Supreme Court · 1882
- Smith v. HelmerNew York Supreme Court · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State ex rel. Baltzell v. StewartWisconsin Supreme Court · 1889
- Wisconsin Water Co. v. WinansWisconsin Supreme Court · 1893
- Muscoda Bridge Co. v. Worden-Allen Co.Wisconsin Supreme Court · 1928
- Chicago, M. & St. P. R. v. MasonSouth Dakota Supreme Court · 1909
- Janes v. City of RacineWisconsin Supreme Court · 1913
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