City of Ashland v. Chicago & Northwestern Railway Co.
Wisconsin Supreme Court
Appeal from, a judgment of tbe circuit court for Ashland county: JohN GoodlaNd, Judge. In 185Y the owners of j;he land covering the street in eon-troversy platted the same, and filed and recorded suck-plat in the proper register’s office. The street in question •was named Madison avenue. In 1887 the common council of Ashland changed its name to Fourth avenue "West.
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Appeal from, a judgment of tbe circuit court for Ashland county: JohN GoodlaNd, Judge. In 185Y the owners of j;he land covering the street in eon-troversy platted the same, and filed and recorded suck-plat in the proper register’s office. The street in question •was named Madison avenue. In 1887 the common council of Ashland changed its name to Fourth avenue "West. According to the scheme of the plat, the streets running parallel with the shore of the bay are called “streets,” — the-first being named Front street; the second, Second street,, and so on in numerical order, extending back from…
1Opinion of the Court
The following opinion was filed December 15, 1899:
Bardeen, J.
It was conceded on the argument that the action of the county board in 1860, and the action of the city council of Ashland in 1887, in attempting to vacate the part of the street in question were void and of no effect. This leaves the main question to be considered, whether the city is estopped from claiming this part of the street to be a public highway. Before proceeding to determine that question, we will notice a point raised by the defendant. It is said that there is no evidence in the record to show that the city has ever…
2Cases cited14 opinions
- Chase v. City of OshkoshWisconsin Supreme Court · 1892
- Reilly v. City of RacineWisconsin Supreme Court · 1881
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- Paine Lumber Co. v. City of OshkoshWisconsin Supreme Court · 1895
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