Bartlett v. Beardmore
Wisconsin Supreme Court
APPEAL from the Circuit Court for Winnebago County. Action of trespass guare clausum. The facts are sufficiently stated in the opinion. The jury found that the' locus in quo had become a public highway by user. Judgment on the verdict was rendered in favor of the defendants, and the plaintiff appealed.
1Opinion of the CourtTaylob, J.
The appellant, Bartlett, brought this action against the respondents to recover damages for breaking and entering his close, and.tearing down his fences, and doing other damage. The respondents answered —first, a general denial; and, second, that the locus in quo was and is a public highway; that the fence described in plaintiff’s complain t was in such public highway and was an unlawful obstruction thereof; that the board of supervisors of the town in which the same was situated ordered said fence removed from said highway; and that, in pursuance of such order, the respondents removed the…
2Cited by2 opinions
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- Indianola Light, Ice & Coal Co. v. MontgomeryMississippi Supreme Court · 1904