Hanson v. Taylor
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Trespass quare clausum. Answer, highway. Yerdiet and judgment for the plaintiffs; and the defendant appealed.
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APPEAL from the Circuit Court for Dane County. Trespass quare clausum. Answer, highway. Yerdiet and judgment for the plaintiffs; and the defendant appealed. The case in this court turned upon the correctness of the instructions given to the jury; and these are sufficiently set forth in the opinion. contended, among other things, that the locus in quo became a highway by virtue of a continued and uninterrupted use for ten years, under section 80, chapter 16, R. S. 1849 (§ 85, ch. 19, R. S. 1858), citing Miller v. GarlooJs, 8 Barb. 155; Hammond v. ZeAner, 23 id. 473; Golledge v. Horn, 11 E. C.…
1Opinion of the CourtCole, J.
I am of the opinion that there must be a new trial in this case, on account of the error of the court below in refusing to give the first and second instructions asked by the defendant. These instructions read as follows :
“1. If the jury should find from the evidence, that the premises had been used continuously and uninterruptedly as a public highway for twenty years, such use is conclusive in favor of the public that it is a highway, and the plaintiffs cannot recover.
“ 2. If the jury should find from the evidence, that the premises had been continuously used as a highway for the period of…
2Cases cited5 opinions
- Onstott v. MurraySupreme Court of Iowa · 1867
- Worrall v. RhoadsSupreme Court of Pennsylvania · 1837
- Lemon v. HaydenWisconsin Supreme Court · 1860
- Galatian v. GardnerNew York Supreme Court · 1810
- Devenpeck v. LambertNew York Supreme Court · 1865
3Cited by14 opinions
- Sydnor v. PalmerWisconsin Supreme Court · 1871
- Cemetery Ass'n v. MeningerSupreme Court of Kansas · 1875
- City of Chippewa Falls v. HopkinsWisconsin Supreme Court · 1901
- Township of Madison v. GallagherIllinois Supreme Court · 1895
- Buchanan v. CurtisWisconsin Supreme Court · 1869
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