Dolphin v. Pedley
Wisconsin Supreme Court
APPEAL from the Circuit Court for Iowa County. Trespass quare' clausum. Answer, that the locus was .highway, which plaintiff willfully obstructed, and that defendant, as overseer of highways, removed the obstruction. The .proceedings for laying out said highway, referred to in the opinion, infra, were had in 1860; and the action was commenced in 1870. Yerdict and judgment for the defendant; and the plaintiff appealed.
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APPEAL from the Circuit Court for Iowa County. Trespass quare' clausum. Answer, that the locus was .highway, which plaintiff willfully obstructed, and that defendant, as overseer of highways, removed the obstruction. The .proceedings for laying out said highway, referred to in the opinion, infra, were had in 1860; and the action was commenced in 1870. Yerdict and judgment for the defendant; and the plaintiff appealed. The grounds of the appeal will sufficiently appear from the opinion. argued, among other things, that under sec. 58, ch. 19, R. S., the order laying out the road, and the filing…
1Opinion of the CourtCole, J.
It seems to us that the second instruction given by the court, which was excepted to, was calculated to mislead the jury to the prejudice of the plaintiff. That instruction was, that the record of the road laid out, and the order establishing the same, *470were sufficiently formal, provided it appeared that the survey corresponded with the road upon which the obstruction was built; and that the records produced would inform the. jury what road had been laid out, and what discontinued.
The objection to this instruction is, that it was equivalent to telling the jury that the records which were…
2Cited by3 opinions
- McKee v. HullWisconsin Supreme Court · 1887
- Jacobosky v. Town of AhnapeeWisconsin Supreme Court · 1944
- State ex rel. Jarman v. RootWisconsin Supreme Court · 1921