Donnelly v. Decker
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waushara County. The complaint alleges that the defendants wrongfully entered upon the lands of the plaintiff situated in the town of Warren, Waushara county, described as follows: The N. E.J of the S. W. J of sec. 11, town 18, range 12, and there committed trespass by digging a ditch on said land and destroying cranberry vines, to his damage $200. The answer, besides a general denial, alleges that the place in question where the alleged…
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APPEAL from the Circuit Court for Waushara County. The complaint alleges that the defendants wrongfully entered upon the lands of the plaintiff situated in the town of Warren, Waushara county, described as follows: The N. E.J of the S. W. J of sec. 11, town 18, range 12, and there committed trespass by digging a ditch on said land and destroying cranberry vines, to his damage $200. The answer, besides a general denial, alleges that the place in question where the alleged trespass is charged to have been committed is a town ditch or drain lawfully laid out and constructed by the authority and…
1Opinion of the CourtObtoN, J.
This is an action of trespass for digging a ditch through the plaintiff’s land, and the defendants justified as supervisors of the town, and as acting under their authority and by their employment, undertch. 54 of the Bevised Statutes, which provides for making ditches or drains through swamp and overflowed lands. The plaintiff obtained a judgment, and the findings of the circuit court ignore entirely the matter of justification, on the ground, as it is said by the learned counsel of the respondent, that the provisions of said chapter are in conflict with the constitution of this state in not…
2Cases cited24 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- People Ex Rel. Griffin v. Mayor of BrooklynNew York Court of Appeals · 1851
- Weeks v. City of MilwaukeeWisconsin Supreme Court · 1860
- Williams v. Mayor of DetroitMichigan Supreme Court · 1853
- Palmer v. StumphIndiana Supreme Court · 1868
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3Cited by46 opinions
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Wilson v. Board of TrusteesIllinois Supreme Court · 1890
- State v. RedmonWisconsin Supreme Court · 1907
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- Kuhl Motor Co. v. Ford Motor Co.Wisconsin Supreme Court · 1955
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