Reise v. Enos
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waukesha County. This is an action to perpetually enjoin the defendants from closing up a so-called alley, over which the plaintiff claims a right of way, and for damages for the temporary obstruction of the same.
Read the full summary
APPEAL from the Circuit Court for Waukesha County. This is an action to perpetually enjoin the defendants from closing up a so-called alley, over which the plaintiff claims a right of way, and for damages for the temporary obstruction of the same. The right of way as claimed extends from lot 2 of Kimball’s plat of subdivision of part of Mill reserve in the village of Waukesha, westward across lots 3 and 4 of said plat, to Clinton street, which lies WQst of said lot 4. All of said lots front upon Mills street upon the north. At the t-ime of the commencement of the action the plaintiff was the…
1Opinion of the CourtColts, C. J.
There does not appear to be any sufficient ground for holding, upon- the undisputed facts, that the plaintiff, Reise, as owner of lot 2, acquired a right of way over lot 4 by prescription, because he had not owned that lot twenty years when this action was commenced, and it does not appear that his grantors ever had or claimed the right to pass across lots 3 and 4 to Clinton street. Indeed, one of his grantors, Mr. Hill, distinctly testified that while his wife owned lot 2 there was no right of way across there, and that they never went through in that direction, but that the ordinary way was…
2Cases cited2 opinions
- Dennis v. WilsonMassachusetts Supreme Judicial Court · 1871
- Louisville & Nashville Railroad v. KoelleIllinois Supreme Court · 1882
3Cited by16 opinions
- McClintic-Marshall Co. v. Ford Motor Co.Michigan Supreme Court · 1931
- D. M. Goodwillie Co. v. Commonwealth Electric Co.Illinois Supreme Court · 1909
- Diocese of Trenton v. TomanNew Jersey Court of Chancery · 1908
- Grygiel v. Monches Fish & Game Club, Inc.Wisconsin Supreme Court · 2010
- Millen v. ThomasCourt of Appeals of Wisconsin · 1996
11 more not listed; retrieve them via the Exa API.