Weller v. Heimbruck
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Waupaca county: Ohas. M. Webb, Circuit Judge. Tbe plaintiff was the owner of sixty acres of land which was segregated from the remainder of his farm and was not accessible from any highway. By deed of conveyance he secured a right to travel over a space of one rod on the east side of the northwest quarter of the southwest quarter of section 25, township 23 north, of range 13 east.
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Appeal from a judgment of the circuit court for Waupaca county: Ohas. M. Webb, Circuit Judge. Tbe plaintiff was the owner of sixty acres of land which was segregated from the remainder of his farm and was not accessible from any highway. By deed of conveyance he secured a right to travel over a space of one rod on the east side of the northwest quarter of the southwest quarter of section 25, township 23 north, of range 13 east. Through such alley plaintiff was enabled to reach the sixty-acre tract referred to. This tract was used mostly for pasture, a portion of it being suitable for…
1Opinion of the CourtBaeNes, J.
Errors are assigned on the charge of the court and on rulings on the admission of testimony. The court charged the jury, among other things, that the evidence conclusively established the fact that the defendant wrongfully and unlawfully denied plaintiff’s right to use the alley or lane referred to in the statement of facts and also prevented him from using the same. The defendant contends that the evidence presented a question of fact on this point which *219should have been submitted to the jury for determination. We tbink the court was clearly right in instructing the jury as it did, and that…
2Cases cited20 opinions
- August Berger v. Minneapolis Gaslight Co.Supreme Court of Minnesota · 1895
- Shaft v. CareyWisconsin Supreme Court · 1900
- Kellogg v. MalickWisconsin Supreme Court · 1905
- Emery v. City of LowellMassachusetts Supreme Judicial Court · 1872
- Carl v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1879
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