Tomlinson v. Wallace
Wisconsin Supreme Court
APPEAL from the Circuit Court for Bock County. Action to recover damages for trespasses committed by the defendant’s cattle and horses upon the west half of the southeast quarter of section. 18, town 3, range 12 east, in Rock county.
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APPEAL from the Circuit Court for Bock County. Action to recover damages for trespasses committed by the defendant’s cattle and horses upon the west half of the southeast quarter of section. 18, town 3, range 12 east, in Rock county. Defense, general denial and that the cattle and horses entered from a legal highway on the west side of the said premises, and that cattle and horses were free com-' moners, by a by-law of the town; and that the land of the plaintiff was not fenced on the west side along said highway. Trial before the court and a jury. After the plaintiff had made out his case as…
1Opinion of the Court
By the Court,
Dixon, C. J.
The statute of 1849, chap. 16, sec. 80, continued under the present revision, chap. 19, sec. 85, that “ roads not recorded, which shall hereafter be used ten years or more, shall be deemed public highways,” is essentially a statute of limitation, under which the owner of land loses his right to compensation, if it has not been made, by acquiescence in the public use for the period prescribed. By his neglect to prosecute or assert his claim in some proper form, he admits that he has none, and the easement becomes effectual in the public. A sufficient time being given…
2Cases cited2 opinions
- Knox v. ClevelandWisconsin Supreme Court · 1860
- State v. AtwoodWisconsin Supreme Court · 1860
3Cited by5 opinions
- Pool v. Milwaukee Mechanics InsuranceWisconsin Supreme Court · 1896
- Smithers v. BrunkhorstWisconsin Supreme Court · 1922
- Harriman v. SangerSupreme Judicial Court of Maine · 1877
- Hanson v. TaylorWisconsin Supreme Court · 1869
- K v. HWisconsin Supreme Court · 1866