Schatz v. Pfeil
Wisconsin Supreme Court
• APPEAL from the Circuit Court for Washington County. The case is stated in the opinion. The fourth, fifth and sixth instructions therein referred to, asked by the plaintiff, were as follows: “4: That the travel over said supposed highway by parties who went to the premises of Pfeil and Roll to draw gravel, was not a public use such as required by the law to make it a public highway. 5. That if the road was opened by the town authorities with the assent of Hammel, yet if it…
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• APPEAL from the Circuit Court for Washington County. The case is stated in the opinion. The fourth, fifth and sixth instructions therein referred to, asked by the plaintiff, were as follows: “4: That the travel over said supposed highway by parties who went to the premises of Pfeil and Roll to draw gravel, was not a public use such as required by the law to make it a public highway. 5. That if the road was opened by the town authorities with the assent of Hammel, yet if it was not used as a public highway, nor worked as such during the four years next following the0 opening, it ceased to be…
1Opinion of the CourtTayloe, J.
This is an action to recover damages for a trespass upon real estate. The defense is that the locus m quo was a public highway, and that the acts alleged as a trespass were the acts of the defendants in removing a fence, which, it is alleged, the plaintiff had erected across such highway. The real issue in the case was whether the locus in quo was a highway. The evidence tends to show that in the year 1849, or thereabouts, the supervisors of the town in which the locus m quo is situated, looked over the route now claimed to be a highway with the purpose of laying out a highway, and declared…
2Cases cited2 opinions
- People Ex Rel. Williams v. KingmanNew York Court of Appeals · 1862
- Moll v. BencklerWisconsin Supreme Court · 1872
3Cited by14 opinions
- Russell v. BushSupreme Court of Alabama · 1916
- Feldman v. McGuireOregon Supreme Court · 1899
- Henry v. United StatesCourt of Appeals for the Third Circuit · 1931
- Oliver v. MorawetzWisconsin Supreme Court · 1897
- Mahler v. BrumderWisconsin Supreme Court · 1896
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