Neale v. State
Wisconsin Supreme Court
EeeoR to review a judgment of the circuit court for Marquette county: Chesteb A. Eowlee, Circuit Judge. This action was originally brought in justice’s court to recover a penalty for which it is claimed the plaintiff in error (hereinafter called the defendant) became liable by reason of violating the provisions of sec. 1326, Stats.
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EeeoR to review a judgment of the circuit court for Marquette county: Chesteb A. Eowlee, Circuit Judge. This action was originally brought in justice’s court to recover a penalty for which it is claimed the plaintiff in error (hereinafter called the defendant) became liable by reason of violating the provisions of sec. 1326, Stats. (1898). The alleged violation consisted in placing fence posts in a certain highway in Marquette county in such a manner as to constitute an obstruction therein. The answer alleged title in the defendant by deeds of conveyance and also because of adverse possession…
1Opinion of the CourtBarnes, J.
The errors assigned on rulings on evidence are not substantial and need not be discussed.
The third and fourth errors relate to the refusal of the court to grant a nonsuit and to direct a verdict. It is claimed that these motions should have been granted because the evidence offered by the state, at best, showed that the post nearest the traveled track, as the road was used when the posts were put in the ground, was three feet distant from such track, and constituted a mere encroachment on the highway and not an obstruction of it. There is evidence tending to show that the post was nearer than…
2Cases cited7 opinions
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Town of Randall v. RovelstadWisconsin Supreme Court · 1900
- Konkel v. Town of PellaWisconsin Supreme Court · 1904
- Stricker v. Town of ReedsburgWisconsin Supreme Court · 1899
- State v. LloydWisconsin Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Anger v. Al. G. Barnes Amusement Co.Wisconsin Supreme Court · 1924
- Druska v. Western Wisconsin Telephone Co.Wisconsin Supreme Court · 1922
- Foss v. Town of KronenwetterCourt of Appeals of Wisconsin · 1978
- Nicolai v. Wisconsin Power & Light Co.Wisconsin Supreme Court · 1938
7 more not listed; retrieve them via the Exa API.