Town of Minocqua v. Neuville
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for. Oneida county: A. H. Reid, Circuit Judge. This action was brought by the plaintiff town to restrain the defendants from plowing up and otherwise obstructing an alleged highway in said town. The following sketch shows the situation: The diagonal line running through section 34 and a small corner of section 35 had for many years been a public highway known as the Minocqua-Hazelhurst road. In 1906 one Noble.
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Appeal from a judgment of the circuit court for. Oneida county: A. H. Reid, Circuit Judge. This action was brought by the plaintiff town to restrain the defendants from plowing up and otherwise obstructing an alleged highway in said town. The following sketch shows the situation: The diagonal line running through section 34 and a small corner of section 35 had for many years been a public highway known as the Minocqua-Hazelhurst road. In 1906 one Noble. S. Lee purchased the several forties shown on the sketch marked L. At that time one Jossart was the owner of the forty marked Jossart, and…
1Opinion of the Court
The following opinion was filed April 5, 1921:
Eschweiler, J.
The statutory proceedings undertaken in 1919 by the town board to have the strip of land in *351question declared to be a public highway has been terminated adversely to plaintiff’s contention and it can claim no rights over the land in dispute except and unless there was such an oral dedication thereof by Noble S. Lee in 1907 and an oral acceptance by the town of such a nature as to make it a public highway. The trial court found that there did so come into existence a public highway, but that such a choice of positions was made by the…
2Cases cited3 opinions
- State ex rel. Lightfoot v. McCabeWisconsin Supreme Court · 1889
- Tupper v. HusonWisconsin Supreme Court · 1879
- Cunningham v. HendricksWisconsin Supreme Court · 1895
3Cited by3 opinions
- George W. Condon Co. v. Board of County Com'rsWyoming Supreme Court · 1940
- Bino v. City of HurleyWisconsin Supreme Court · 1961
- Ruchti v. MonroeWisconsin Supreme Court · 1978