Connehan v. Ford
Wisconsin Supreme Court
ERROR TO COUNT1T COURT, DANE COUNTS'. This was an action brought in a justice’s court, by the plaintiff in error, to recover damages for taking down the fences and crossing the lands of the plaintiff In their answer the defendants claim that the fence was an obstruction to a public highway; that the lands passed over constituted the highway; that the defendant, Arnold, as chairman of the board of supervisors of the town, had a right to, and did order the obstruction removed;…
Read the full summary
ERROR TO COUNT1T COURT, DANE COUNTS'. This was an action brought in a justice’s court, by the plaintiff in error, to recover damages for taking down the fences and crossing the lands of the plaintiff In their answer the defendants claim that the fence was an obstruction to a public highway; that the lands passed over constituted the highway; that the defendant, Arnold, as chairman of the board of supervisors of the town, had a right to, and did order the obstruction removed; and the defendant, Ford, as overseer of the district embracing the road, lawfully executed the order. The case being…
1Opinion of the Court
By the Court,
Dixow, C. J.
The record, in this case presents numerous exceptions taken by the plaintiff in error, who was the plaintiff below, to the rulings of the court upon the evidence introduced by the defendants, to establish their defense, as well as to the instructions given to the jury. Our views of what we deem the real merits of the case render it unnecessary for us to pass seriatim upon them. It is sufficient for us to say, that they are one and all predicated upon the notion that in no case, except where, by lapse of time and use by the public, the statute declares that a highway…
2Cases cited1 opinion
- Ex parte BoothWisconsin Supreme Court · 1854
3Cited by14 opinions
- Vermont Loan & Trust Co. v. WhithedNorth Dakota Supreme Court · 1891
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Karber v. NellisWisconsin Supreme Court · 1867
- Mahler v. BrumderWisconsin Supreme Court · 1896
- Ayers v. StateSupreme Court of Arkansas · 1894
9 more not listed; retrieve them via the Exa API.