Jones v. Tobin
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. Action of trespass qúare clausum. Defense on the ground that defendant Tobin was superintendent of highways and that the only act done was the removal, with the assistance of defendant Simon, who was a town supervisor, of a fence maintained by plaintiff, which constituted an obstruction of the highway.
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Appeal from a judgment of the circuit court for St. Croix county: E. W. Helms, Circuit Judge. Action of trespass qúare clausum. Defense on the ground that defendant Tobin was superintendent of highways and that the only act done was the removal, with the assistance of defendant Simon, who was a town supervisor, of a fence maintained by plaintiff, which constituted an obstruction of the highway. By special verdict the jury found (1) that plaintiff’s fence constituted an obstruction of said highway; (2) that plaintiff did not place said fence wilfully; and (3) that he did maintain the fence…
1Opinion of the CourtDodge, J.
There was evidence tending to prove that the highway in question, forming the northern boundary line of plaintiff’s land, was laid out four rods wide on a section line; that for a number of years it was unfeneed, but was *287worked and traveled, and that the working consisted of grading np approximately twenty feet in width near the center of the highway; that plaintiff built his' fence so as to invade one half of the highway, some parts of it extending nearly nine feet north of the section line; that the fence when bnilt invaded the grade which had been made by the town and invaded the course of…
2Cases cited5 opinions
- Bartlett v. BeardmoreWisconsin Supreme Court · 1890
- State v. LeaverWisconsin Supreme Court · 1885
- Konkel v. Town of PellaWisconsin Supreme Court · 1904
- Hubbell v. GoodrichWisconsin Supreme Court · 1875
- State v. PomeroyWisconsin Supreme Court · 1889
3Cited by5 opinions
- Lease Car of America, Inc v. RahnMichigan Supreme Court · 1984
- State ex rel. Young v. MareschWisconsin Supreme Court · 1937
- Neale v. StateWisconsin Supreme Court · 1909
- Jennings v. JohonnottWisconsin Supreme Court · 1912
- Collins v. StateWisconsin Supreme Court · 1916