Godsell v. Fleming
Wisconsin Supreme Court
APPEAL from the County Court of Dodge County. By permission of the owner of the fee,. the plaintiffs erected a shed partly within the limits of a public highway in the town of Olyman, Dodge county. The structure was on the side of the highway, entirely outside the traveled portion thereof, and did not interfere with the use of the highway by the public. It was erected opposite a church which the plaintiffs attended, for the purpose of housing their teams during service.
Read the full summary
APPEAL from the County Court of Dodge County. By permission of the owner of the fee,. the plaintiffs erected a shed partly within the limits of a public highway in the town of Olyman, Dodge county. The structure was on the side of the highway, entirely outside the traveled portion thereof, and did not interfere with the use of the highway by the public. It was erected opposite a church which the plaintiffs attended, for the purpose of housing their teams during service. Several other sheds, also within the highway limits and on a line with plaintiffs’ shed, had been maintained there for…
1Opinion of the CourtLyon, J.
This trivial controversy — trivial in every respect except in the matter of costs, which the parties are industriously making for one or both of them to pay— ought never to have been brought into court, and never would have been had either of them shown any decent regard for the rights of the other, or exercised even a very moderate degree of neighborly courtesy or forbearance. Tailing these, to avoid the quarrel, if the par-ties could not themselves settle it, they should have invoked the kindly and discreet aid of the excellent priest of the church in which they both worshiped, or of other…
2Cases cited4 opinions
- State v. SmithWisconsin Supreme Court · 1881
- Hubbell v. GoodrichWisconsin Supreme Court · 1875
- Larson v. FurlongWisconsin Supreme Court · 1881
- Williams v. FinkWisconsin Supreme Court · 1864
3Cited by2 opinions
- Adams v. City of MilwaukeeWisconsin Supreme Court · 1911
- State v. DeinesSupreme Court of Kansas · 2000