Barrows v. Kenosha County

The position of the defendant county on this appeal is that the evidence adduced did not rebut the statutory presumption provided in sec. 80.01 (2), Stats., that Wood road was a four-rod road at the time the 1954 improvement of such highway was undertaken. The plaintiffs contend that it did.

The material portions of sec. 80.01 (2), Stats., read as follows:

“Unrecorded highways validated, exception; GRANTS FOR HIGHWAY PURPOSES, PRESUMPTIVE WIDTH. All highways not recorded which have been worked as public highways ten years or more are public highways, and are presumed to be four rods wide,…