Witter v. Damitz
Wisconsin Supreme Court
APPEAL from tbe Circuit Court for Wood County. Action for trespass alleged to have been committed by the defendants in tearing down a fence erected by the plaintiff. The defendants answered, among other things, that the locus in quo was a public highway and the fence an obstruction thereof. The facts are stated in the opinion. The plaintiff appeals from a judgment of nonsuit.
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APPEAL from tbe Circuit Court for Wood County. Action for trespass alleged to have been committed by the defendants in tearing down a fence erected by the plaintiff. The defendants answered, among other things, that the locus in quo was a public highway and the fence an obstruction thereof. The facts are stated in the opinion. The plaintiff appeals from a judgment of nonsuit. To the point ■ that the laying out of the new highway operated as a discontinuance of the old one, they cited State v. Iieesa, 59 Wis. 106; Hark v. Gladwell, 49 id. 172; Oomm.
1Opinion of the CourtOetoN, J.
The facts of this case are substantially as follows: The plaintiff was in possession of the S. of N. E. ¿ of section 8, township 22, range 5 E., Wood county, and town of Seneca. In 1873, Peter Newell was the owner of the land, and assisted in laying- out a road from the west in a somewhat circuitous course through the land, and fenced out the same and continued to occupy the land so fenced and help his neighbors work said road until 1881, when he sold the land to one Morehead, who continued to occupy the same in the same way in respect to said road until 1884. The road was used and worked…
2Cases cited3 opinions
- Connehan v. FordWisconsin Supreme Court · 1859
- Lemon v. HaydenWisconsin Supreme Court · 1860
- State v. ReesaWisconsin Supreme Court · 1883
3Cited by7 opinions
- McIntyre v. Board of County CommissionersSupreme Court of Colorado · 2004
- Lawson v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1903
- Streeter v. StalnakerNebraska Supreme Court · 1901
- Maire v. KruseWisconsin Supreme Court · 1893
- Miller v. City of WauwatosaWisconsin Supreme Court · 1979
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