Scribner v. Blute
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lac County. Trespass quare clausum; answer, highway. The facts are stated in the opinion of Mr. Justice LyON, which also recites the second and third instructions asked by the defendants and refused by the court.
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APPEAL from the Circuit Court for Fond du Lac County. Trespass quare clausum; answer, highway. The facts are stated in the opinion of Mr. Justice LyON, which also recites the second and third instructions asked by the defendants and refused by the court. The fourth and fifth instructions so asked and refused (referred to in the opinion of DixON, C. J.) were as follows: 4. “ To constitute a highway by use does not require that the track should always be precisely the same: immaterial deviations, not going outside the proper and usual width of a road, will not destroy a road by use [provided…
1Opinion of the CourtLyoN, J.
Tbis is an action of trespass quare clausum fregit; and tbe question to be determined is, whether tbe locus in quo is a publiq highway.
Tbe evidence tends to show that tbe place where tbe alleged trespass was committed is within a line of road which had been used by the public as a highway for at least thirteen years, and that at intervals during all that time highway taxes had been worked out upon it under the direction of the proper town authorities, wherever work was needed ; but that no work was done, and none was needed, at that particular point or on the lands of the plaintiffs crossed…
2Cases cited3 opinions
- Hanson v. TaylorWisconsin Supreme Court · 1869
- State v. JoyceWisconsin Supreme Court · 1865
- Blute v. ScribnerWisconsin Supreme Court · 1868
3Cited by5 opinions
- Keller v. HawkSupreme Court of Oklahoma · 1907
- Hart v. Town of Red CedarWisconsin Supreme Court · 1885
- Kennedy v. Le VanSupreme Court of Minnesota · 1877
- Pereles v. WatertownDistrict Court, W.D. Wisconsin · 1874
- Rhodes v. HalvorsonWisconsin Supreme Court · 1903