Legal Opinion

Town of Waupun v. Town of Chester

Wisconsin Supreme Court

Decided November 6, 1884PublishedCited by 7 opinions

APPEAL from the Circuit Court for Dodge County. Action to recover two fifths of the expense of repairing a bridge situated on the line of a highway between the plaintiff and defendant towns. The facts will sufficiently appear from the opinion. At the close of the plaintiff’s testimony a motion for a nonsuit was granted, and from the judgment entered accordingly the plaintiff appealed.

1Opinion of the CourtOeton, J.

In October, 1859, the town of Waupun, in the county of Fond du Lac, and the town of Chester, in the county of Dodge, by the joint action of their boards of supervisors, attempted to lay out what was called in the petitions and orders a “ joint highway ” on or near the line *402between said towns. To that end their proceedings seem to have been substantially in compliance with the statute relating to the laying out of town line highways, and no particular objection is made thereto, except as to the name given to it in the records; but this highway became long since a legal highway by user and the…

2Cases cited10 opinions

  1. Hurst v. SelvidgeTennessee Supreme Court · 1847
  2. Houfe v. Town of FultonWisconsin Supreme Court · 1874
  3. Town of Depere v. Town of BellevueWisconsin Supreme Court · 1872
  4. Mumford v. BrownNew York Supreme Court · 1826
  5. Kneeland v. GilmanWisconsin Supreme Court · 1869

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3Cited by7 opinions

  1. Village of Bloomer v. Town of BloomerWisconsin Supreme Court · 1906
  2. Nelson County v. City of BardstownCourt of Appeals of Kentucky · 1907
  3. Town of Ackley v. Town of VilasWisconsin Supreme Court · 1891
  4. City of Pineville v. Robbins, JudgeCourt of Appeals of Kentucky (pre-1976) · 1929
  5. Town of Mount Pleasant v. Town of FlorenceSupreme Court of Minnesota · 1917

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