Morris v. Edwards
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is an action to recover damages for an alleged trespass upon the property of the plaintiff by the defendants, who claim to have been acting in accordance with law in opening a highway under the authority of the chairman of the county hoard.
Read the full summary
Appeal from a judgment of the circuit court for Dodge county: James J. Dick, Circuit Judge. This is an action to recover damages for an alleged trespass upon the property of the plaintiff by the defendants, who claim to have been acting in accordance with law in opening a highway under the authority of the chairman of the county hoard. On February 12, 1904, sis resident freeholders presented a petition to the supervisors of the town of Calamus, Dodge county, where these parties reside, for the laying out of the road in question over plaintiffs farm. On March 10th the supervisors of the town…
1Opinion of the CourtSiebecKee, J.
It is unquestioned that the defendants, except John W. Hughes, participated in removing plaintiff’s fence and in grading the alleged highway over his premises. These acts constitute a trespass and resulted in damage which would be recoverable by the plaintiff, unless the locus in quo was a highway, as claimed by the defendants, and unless they acted under authority of the county board in opening a public highway. The circuit court held that there was no legally laid ■out highway over this portion of plaintiff’s premises.
As appears from the foregoing statement of facts, the first proceeding…
2Cases cited2 opinions
- Brock v. HishenWisconsin Supreme Court · 1876
- Schroeder v. KlippWisconsin Supreme Court · 1904
3Cited by2 opinions
- Northern States Power Co. v. Town of Hunter Board of SupervisorsWisconsin Supreme Court · 1973
- State Ex Rel. Happel v. SchmidtWisconsin Supreme Court · 1947