State v. Paine Lumber Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. This action was brought to recover the penalty prescribed by sec. 1326, R. S., for obstructing a highway in the city of Oshkosh. Said section provides as follows: “ Whoever shall obstruct any highway . . ,. shall forfeit for every such offense a sum not exceeding twenty-five dollars.” The facts were undisputed.
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APPEAL from the Circuit Court for Winnebago County. This action was brought to recover the penalty prescribed by sec. 1326, R. S., for obstructing a highway in the city of Oshkosh. Said section provides as follows: “ Whoever shall obstruct any highway . . ,. shall forfeit for every such offense a sum not exceeding twenty-five dollars.” The facts were undisputed. The alleged highway was a part of a street marked upon a plat of a part of the city of Oshkosh, which plat was duly executed, acknowledged, and recorded in 1859: The part of the street in question was never actually opened for travel,…
1Opinion of the CourtWiNslow, J.
The loans in quo was duly dedicated to the public use, as and for a street, in 1859, but was never in fact opened or used. The first question arising is, Was it a “ highway,” within the meaning of sec. 1326, E. S. ? If it was not, this action cannot be maintained, because the fine can only be imposed for the obstruction of a “ highway.” This being a penal statute, its construction will be strict; that is, the court will not extend its terms beyond the plain meaning of the words used. What, then, is the plain meaning of the word “ highway?” Does it mean a strip of land which the municipality…
2Cases cited1 opinion
- State v. ShinkleSupreme Court of Iowa · 1874
3Cited by4 opinions
- St. Louis S. F. R. Co. v. SmithSupreme Court of Oklahoma · 1913
- City of Racine v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1896
- Southwestern Greyhound Lines, Inc. v. Railroad CommissionCourt of Appeals of Texas · 1940
- Whitehead & Matheson Co. v. JensenWisconsin Supreme Court · 1930