Threlfall v. Town of Muscoda

The plaintiffs, Anna Threlfall and Richard Baum, appeal from a judgment in favor of the Town of Muscoda (1) declaring that Sand Branch Road is four rods (sixty-six feet) wide where it crosses their property and that the Town's cutting trees and shrubs along the road has not damaged them, and (2) awarding costs to the Town.

The plaintiffs contend that the trial court erred (1) in applying the presumption in § 80.01(2), STATS., 1 that an unrecorded highway that has been worked as a public highway ten years or more is a public highway presumed to be four rods wide, (2) in holding that the…