Valley Pulp & Paper Co. v. West
Wisconsin Supreme Court
APPEAL from the Circuit Court for Outagamie County. The following statement of the case is substantially that made by Mr. Justice Cassoday, prefatofy to the opinion: In January, 1851, one Levi Blossom, being then the owner of all the lands in question, granted to a road company the right of way through and over any.lands owned by him in section 35, township 21 north, range IT-east (now in the: city of Appleton), “ for the purpose of building a plank or turnpike road .... not…
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APPEAL from the Circuit Court for Outagamie County. The following statement of the case is substantially that made by Mr. Justice Cassoday, prefatofy to the opinion: In January, 1851, one Levi Blossom, being then the owner of all the lands in question, granted to a road company the right of way through and over any.lands owned by him in section 35, township 21 north, range IT-east (now in the: city of Appleton), “ for the purpose of building a plank or turnpike road .... not exceeding four rods wide, and for no other purpose. To have and to hold the same to said-company .... so long as the…
1Opinion of the CourtCassOdax, J.
We are inclined to think that the court was right in finding that Lake street was a public street, and that it became such by dedication for that purpose by. the defendant and the acceptance thereof by the city. There can be no question but what such dedication can be proved by parol. Connehan v. Ford, 9 Wis., 240. But it does not necessarily follow that the plaintiff owns the fee to the center of the street. The dedication of a highway by user is necessarily confined to the lands actually used. Cahill v. Layton, 57 Wis., 611, 612, and cases there cited. Here the fence mentioned was built by…
2Cases cited6 opinions
- Pettibone v. HamiltonWisconsin Supreme Court · 1876
- Messer v. OestreichWisconsin Supreme Court · 1881
- Cahill v. LaytonWisconsin Supreme Court · 1883
- Whitney v. RobinsonWisconsin Supreme Court · 1881
- Connehan v. FordWisconsin Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Norcross v. GriffithsWisconsin Supreme Court · 1886
- Miller v. HoeschlerWisconsin Supreme Court · 1905
- Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
- Kimberly-Clark Co. v. Patten Paper Co.Wisconsin Supreme Court · 1913
- Grossbach v. BrownWisconsin Supreme Court · 1888
1 more not listed; retrieve them via the Exa API.