Konkel v. Town of Pella
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Shawano-county: John G-oodlasto, Circuit Judge. Action for trespass in that the town officers caused to be torn down some thirty or forty rods of plaintiff’s fence along-the southerly side of her land, described as the southeast quarter of the northeast quarter of section 4, in township 26 north, and range 14 east, in Shawano co'unty, under the claim that the same was an obstruction in a public highway.
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Appeal from a judgment of the circuit court for Shawano-county: John G-oodlasto, Circuit Judge. Action for trespass in that the town officers caused to be torn down some thirty or forty rods of plaintiff’s fence along-the southerly side of her land, described as the southeast quarter of the northeast quarter of section 4, in township 26 north, and range 14 east, in Shawano co'unty, under the claim that the same was an obstruction in a public highway. It appeared that about 1812 the county board of Shawano county made an attempt, claimed to have been invalid, to lay a highway, which in this…
1Opinion of the CourtDodge, J.
After a careful examination of this record, we are convinced of the correctness of the conclusion of the trial court that there was no evidence to establish an obstruction of the highway by any part of plaintiff’s fence which was removed. The situation of the evidence is not unlike that considered in Burroughs v. Milwaukee, 110 Wis. 478, 483, 86 N. W. 159, and Koepke v. Milwaukee, 112 Wis. 475, 88 N. W. 238, where the depth of a certain defect in the high*146way was testified to variously by several witnesses (most of them upon mere estimate), but where there was also the testimony of one or more…
2Cases cited9 opinions
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Town of Randall v. RovelstadWisconsin Supreme Court · 1900
- State v. LeaverWisconsin Supreme Court · 1885
- Burroughs v. City of MilwaukeeWisconsin Supreme Court · 1901
- Koepke v. City of MilwaukeeWisconsin Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Weiss v. HolmanWisconsin Supreme Court · 1973
- Johnson v. Ætna Life InsuranceWisconsin Supreme Court · 1914
- Ives v. Wisconsin Central Railway Co.Wisconsin Supreme Court · 1906
- Neale v. StateWisconsin Supreme Court · 1909
- Nicolai v. Wisconsin Power & Light Co.Wisconsin Supreme Court · 1938
9 more not listed; retrieve them via the Exa API.