State ex rel. Wisniewski v. Rossier

The crucial question in this appeal is whether a town, or its officers, may be compelled by mandamus to repair and maintain a highway in a safe condition. The appellants contend with great earnestness that the town officers have the care and supervision of town highways (sec. 81.01, Stats.); that it is their clear duty to repair and maintain town highways, and that in case such officers shall unjustly refuse, fail, or neglect to perform their duty they may be compelled to do so by mandamus. Appellants further contend that if judicial English is to be given its plain ordinary meaning, State ex…