Karber v. Nellis
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. Trespass quare clausum: answer, highway. The case is stated in the opinion, except that certain instructions alluded to are not recited.
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APPEAL from the Circuit Court for Kenosha County. Trespass quare clausum: answer, highway. The case is stated in the opinion, except that certain instructions alluded to are not recited. They were as follows: 1. “ Defendants * * claim that the fence was within the limits of a public highway; that it was placed there by the plaintiff without authority of law; that it was in fact a public nuisance; and that they removed it in obedience-to the mandate of the proper officer of the town, whose duty it was to see that the obstruction was removed. If this theory of the casé-is correct, then the…
1Opinion of the CourtPaine, J.
This was an action for a trespass in taking down the plaintiff’s fence. The defense was, tbat tbe fence was across a public highway, and tbat tbe defendants removed it under tbe direction of tbe patbmaster of tbe district.
The defendants did not attempt to prove tbat a highway bad been legally laid out at the place in question. But they offered evidence tending to show tbat an attempt bad been made to lay out one, at the time when the land was owned by Clinton, from whom the plaintiff purchased it, and tbat Clinton. bad received the sum of $232.00, which was awarded as damages to him for the…
2Cases cited2 opinions
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- Connehan v. FordWisconsin Supreme Court · 1859
3Cited by16 opinions
- Cupps v. StateWisconsin Supreme Court · 1904
- O'Dell v. RogersWisconsin Supreme Court · 1878
- Test v. LarshIndiana Supreme Court · 1881
- Schroeder v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1903
- Baltimore, Ohio & Chicago Railroad v. JohnsonIndiana Supreme Court · 1882
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