State v. Waholz
Supreme Court of Minnesota
Defendant was tried in the district court for Winona county, on appeal from justice court, on the charge of having obstructed a public highway. The sole issue on the trial was whether the locus in quo was a public highway. Evidence was introduced to prove that it had been used, repaired and worked as a public highway for six years preceding the offence charged.
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Defendant was tried in the district court for Winona county, on appeal from justice court, on the charge of having obstructed a public highway. The sole issue on the trial was whether the locus in quo was a public highway. Evidence was introduced to prove that it had been used, repaired and worked as a public highway for six years preceding the offence charged. Under the charge of the court, Mitchell, J., presiding, “that if this alleged road had been used and kept in repair and worked by the public, as a highway, for six years continuously, immediately preceding the commission of the alleged…
1Opinion of the Court
Gilfillan, C. J.*
In chapter 50, Laws 1877, (Gen. St. 1878, c. 13, § 47,) occurs this provision: “And that when any road, or portion thereof, shall have been used and kept in repair and worked, for six years continuously, as a public highway, the same shall be deemed as having been dedicated to the public, and be and remain, until lawfully vacated, a public highway, whether the same has ever been laid out or not.” The district court certifies for our decision two questions— in effect these: Is the act retrospective, so as to include within the six years any time prior to the date of its…
2Cases cited1 opinion
- Giles v. GilesSupreme Court of Minnesota · 1876
3Cited by8 opinions
- Gaston v. MerriamSupreme Court of Minnesota · 1885
- Village of Wayzata v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892
- Stein v. HansonSupreme Court of Minnesota · 1906
- Oppegaard v. Board of County CommissionersSupreme Court of Minnesota · 1910
- State ex rel. Waitt v. HillSupreme Court of Minnesota · 1884
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