Tupper v. Huson
Wisconsin Supreme Court
APPEAL from the Circuit Court for Sheboygcm County. Action for trespass in throwing down a fence upon plaint-' iff’s-premises. Answer, that the locus was a highway. Verdict, that defendant was not guilty of the alleged trespass. A new trial having been denied, and judgment entered upon the verdict, plaintiff appealed therefrom.
1Opinion of the CourtCole, J.
The testimony in this case is so vague and uncertain that it is difficult to get at the real facts. The witnesses doubtless made the matters about which they testified, the situation of the premises, etc., plain enough to the jury and court below, but their statements as contained in the bill of exceptions are often unintelligible. A good diagram of the different tracts of land mentioned in the testimony, and of the lane Or alleged highway, would have greatly aided us in getting a correct idea of the case. Under the circumstances, we must speak with some hesitation as to what the testimony…
2Cited by8 opinions
- Shellhouse v. StateIndiana Supreme Court · 1887
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Bradford v. FultzSupreme Court of Iowa · 1914
- State ex rel. Lightfoot v. McCabeWisconsin Supreme Court · 1889
- Frye v. Village of HighlandWisconsin Supreme Court · 1901
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