Lemon v. Hayden
Wisconsin Supreme Court
APPEAL from the Circuit Court for Milwaukee County. The facts r are sufficiently stated in the opinion of the court. The general charge to the jury by the judge of the circuit court was, in substance, as follows : “ There can be no doubt that if the owner of premises dedicates them to the public use, such dedication, accepted by the public, is binding. A . dedication need not be made by deed, but may be made as a fact.
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APPEAL from the Circuit Court for Milwaukee County. The facts r are sufficiently stated in the opinion of the court. The general charge to the jury by the judge of the circuit court was, in substance, as follows : “ There can be no doubt that if the owner of premises dedicates them to the public use, such dedication, accepted by the public, is binding. A . dedication need not be made by deed, but may be made as a fact. Laying premises out as a highway may be a binding dedication. I think it is conceded, upon the testimony, that at the time when the street was laid out, the title was not in…
1Opinion of the Court
By the Court,
Cole, J.
This was an action of trespass for injuries sustained from breaking' down the fences and entering upon the close of the appellant. The respondent justified the alleged trespass upon the ground that the locus in quo was a public highway, and had been continually, notoriously, and publicly used and occupied as such for more than twenty years prior to the act complained of, and that during all this time it had been worked and kept in repair as a public highway, with the knowledge and consent of the owners of the adjoining land; and that he, acting as a member of the board of…
2Cases cited5 opinions
- Post v. PearsallCourt for the Trial of Impeachments and Correction of Errors · 1839
- Pearsall v. PostNew York Supreme Court · 1838
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Denning v. RoomeNew York Supreme Court · 1831
- Lansing v. WiswallNew York Supreme Court · 1848
3Cited by13 opinions
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- City of Chippewa Falls v. HopkinsWisconsin Supreme Court · 1901
- Hanson v. TaylorWisconsin Supreme Court · 1869
- State v. LloydWisconsin Supreme Court · 1907
- Scheuber v. HeldWisconsin Supreme Court · 1879
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