Town of Janesville v. Chicago & North Western Railway Co.

It appears without dispute that the town road involved in this action had been in existence and was used as a highway for public travel since the year 1843. In 1857 defendant’s predecessor in interest acquired in the town of Janesville a one hundred thirty feet wide right of way which crossed the town road by cutting a deep cut through the road; and defendant’s predecessor restored the road to such condition that its usefulness was not materially impaired by building a bridge over its railway tracks so that the travel on the road passed above the railroad traffic. Defendant s predecessor, and…