Town of Neshkoro v. Nest
Wisconsin Supreme Court
APPEAL from the Circuit Court for Marquette County. This was an action in equity for an injunction restraining defendants from obstructing with logs, timbers, trees, etc., an alleged public highway in the plaintiff town, and directing the removal of such obstructions already placed therein.
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APPEAL from the Circuit Court for Marquette County. This was an action in equity for an injunction restraining defendants from obstructing with logs, timbers, trees, etc., an alleged public highway in the plaintiff town, and directing the removal of such obstructions already placed therein. It appeared by the complaint that a much traveled highway had existed for many years across defendants’ farm; that the defendants began to obstruct the same in April, 1891, by felling trees, building fences, and otherwise obstructing the same so that travel became impossible, and have renewed such…
1Opinion of the CourtWinslow, J.
It is insisted by respondents that the town has no such interest in a public highway as will entitle it to maintain an action in equity to prevent obstruction thereof, and they rely on Milwaukee v. M. & B. R. Co. 7 Wis. 85, and Sheboygan v. S. & F. du L. R. Co. 21 Wis. 670, to justify their contention. How far these cases sustain respondents’ position it is unnecessary to consider. This court has recently, in a number of cases, affirmed the right and power of a municipal corporation to maintain such an action. Jamestown v. C., B. & N. R. Co. 69 Wis. 648; Oshkosh v. M. & L. W. R. Co. 74 Wis.…
2Cases cited5 opinions
- Town of Jamestown v. Chicago, Burlington & Northern RailroadWisconsin Supreme Court · 1887
- City of Milwaukee v. Milwaukee & Beloit RailroadWisconsin Supreme Court · 1859
- City of Oshkosh v. Milwaukee & Lake Winnebago RailroadWisconsin Supreme Court · 1889
- Town of Sheboygan v. Sheboygan & Fond du Lac RailroadWisconsin Supreme Court · 1867
- Waukesha Hygeia Mineral Spring Co. v. President of WaukeshaWisconsin Supreme Court · 1892
3Cited by5 opinions
- Village of Pewaukee v. SavoyWisconsin Supreme Court · 1899
- City of Madison v. MayersWisconsin Supreme Court · 1897
- City of Eau Claire v. MatzkeWisconsin Supreme Court · 1893
- Town of Levis v. Black River Improvement Co.Wisconsin Supreme Court · 1900
- Town of Marion v. Southern Wisconsin Power Co.Wisconsin Supreme Court · 1926