Wyman v. State
Wisconsin Supreme Court
ERROR to the Circuit Court for JRoch County. The nature of this case, the facts in evidence, and the instructions given and refused by the circuit court, are stated in the opinion of this court.
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ERROR to the Circuit Court for JRoch County. The nature of this case, the facts in evidence, and the instructions given and refused by the circuit court, are stated in the opinion of this court. It is deemed necessary to add only the following facts : that there was evidence tending to show that the land owned by the plaintiff in error (defendant below) on the south side of the alleged highway, had been fenced for more than a year before the alleged obstruction, the fence running along the south line of such alleged highway; and that the circuit court, after instructing the jury as to the…
1Opinion of the Court
By the Court,
Cole, J.
This was an action brought under section 101, chapter 19, B. S., for the statute penalty of twenty-five dollars for obstructing a public highway. It appears that the plaintiff in error formerly owned the land on both sides of the highway. Some four or five years ago, he sold that portion lying north of the alleged highway to one McMickael. He still owns the land on the south side of the road. The obstruction complained of was a post and board fence placed across the highway so as to completely prevent its use by the public. There does not seem to have been any serious…
2Cases cited2 opinions
- Hart v. Mayor of AlbanyCourt for the Trial of Impeachments and Correction of Errors · 1832
- Fowler v. LansingNew York Supreme Court · 1812
3Cited by12 opinions
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- Howard v. StateSupreme Court of Arkansas · 1886
- Braun v. Wisconsin Rendering Co.Wisconsin Supreme Court · 1896
- City of Chippewa Falls v. HopkinsWisconsin Supreme Court · 1901
- State v. LeaverWisconsin Supreme Court · 1885
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