Bushnell v. Scott
Wisconsin Supreme Court
APPEAL from the Circuit Court for Hacine County. Trespass quare clausum. Answer, highway. Plaintiff, in 1861, and until 1864, occupied or claimed to occupy as tenant of one Richards, a triangular tract of land, containing about two acres, bounded on the north by a town line separating it from plaintiff’s farm, on the west by the Fox river, and on the south by a strip of land taken by the Racine & Mississippi R. R. Company for its road-bed, running in a north-easterly…
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APPEAL from the Circuit Court for Hacine County. Trespass quare clausum. Answer, highway. Plaintiff, in 1861, and until 1864, occupied or claimed to occupy as tenant of one Richards, a triangular tract of land, containing about two acres, bounded on the north by a town line separating it from plaintiff’s farm, on the west by the Fox river, and on the south by a strip of land taken by the Racine & Mississippi R. R. Company for its road-bed, running in a north-easterly direction from tbe river to said town line, and tbenee to the “Kenosha road,” which lay east of plaintiff’s farm. Defendant…
1Opinion of the CourtCole, J.
We are of the opinion that the charge of the court in this case was as favorable to the defendant as the facts would warrant. The law in respect to dedication was correctly defined as being an appropriation of land by its owner for any general and public use, the owner reserving to himself no other rights in the soil than such as are perfectly compatible with the full exercise and enjoyment of the public use to which the property has been devoted. Gardner v. Tisdale, 2 Wis., 153; Connehan v. Ford, 9 id., 240; Irwin v. Dixion, 9 How. (U. S.), 10. The court instructed the jury that an intention…
2Cases cited1 opinion
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
3Cited by10 opinions
- Cahill v. LaytonWisconsin Supreme Court · 1883
- Bright v. City of SuperiorWisconsin Supreme Court · 1916
- Fairbanks v. HollidayWisconsin Supreme Court · 1883
- Nelson v. MadisonU.S. Circuit Court for the District of Western Wisconsin · 1872
- Cunningham v. HendricksWisconsin Supreme Court · 1895
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