Hark v. Gladwell
Wisconsin Supreme Court
APPEAL from the Circuit Court for Chippewa County. Trespass to the close. Answer, that the loetos was part of a state road duly laid out, opened and traveled in pursuance of ch. 136, P. & L. Laws of 1872, as amended by ch. 54 of 1873 and ch. 256 of 1875; arid that the acts complained of were committed by defendant as overseer of roads, by direction of the proper town board.
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APPEAL from the Circuit Court for Chippewa County. Trespass to the close. Answer, that the loetos was part of a state road duly laid out, opened and traveled in pursuance of ch. 136, P. & L. Laws of 1872, as amended by ch. 54 of 1873 and ch. 256 of 1875; arid that the acts complained of were committed by defendant as overseer of roads, by direction of the proper town board. In support of his answer, defendant put in evidence, against objection, ch. 136, P. & L. Laws of 1872, “An act to lay out a state road,” etc., together with the order of the commissioners appointed by that act, laying out…
1Opinion of the CourtCole, J.
It was certainly incumbent upon the' defendant to prove that the locus in quo was a public highway, in order to justify his acts as overseer in removing the plaintiff’s fences therefrom in the manner he did. This he attempted to do by showing that there was a state road legally laid out and established at that place pursuant to the acts of the legislature mentioned in his answer. Without deciding the question, we will assume, for the purposes of this case, that the state road across the plaintiff’s land at the place in question was legally laid out and established. Still, wre think the…
2Cases cited2 opinions
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3Cited by12 opinions
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- Wisconsin Central Railroad v. Ashland CountyWisconsin Supreme Court · 1891
- Miller v. City of WauwatosaWisconsin Supreme Court · 1979
- Burgess v. Dane CountyWisconsin Supreme Court · 1912
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