State v. Reesa
Wisconsin Supreme Court
APPEAL from the Circuit Court for Walworth County. Tbe facts are stated in the opinion. From a judgment ip favor of the plaintiff the defendant appealed. Besides the cases cited in the opinion, they cited Millereelc Township v. Reed, 29 Pa.
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APPEAL from the Circuit Court for Walworth County. Tbe facts are stated in the opinion. From a judgment ip favor of the plaintiff the defendant appealed. Besides the cases cited in the opinion, they cited Millereelc Township v. Reed, 29 Pa. St., 195; Goodwin v. Inhabitcmts of Marble-head, 1 Allen, 37; Bowley v. Walicer, 8 id., 21. Referring tó the oases cited for the appellant they urged that to sustain this appeal the court must go much further than any of those decisions, and hold that if a highway already exists between two points a seeond highway cannot be laid out between the same points…
1Opinion of the CourtOrton, J.
This is an action for the penalty fixed by statute (sec. 1326, R. S.) for obstructing a highway, brought July 11, 1881. The facts were that for over thirty years a highway had been used by the public on the east and west section line, near this place, but at this particular point diverged from the section line in order to avoid a slough or marsh, and when the highway passed around the slough it returned again to and upon the section line. In 1813 there was a petition to discontinue that part of this highway which passed around the slough and lay it on the section line, the line of the main…
2Cases cited3 opinions
- Commonwealth v. Inhabitants of CambridgeMassachusetts Supreme Judicial Court · 1810
- Commonwealth v. Inhabitants of WestboroughMassachusetts Supreme Judicial Court · 1807
- Hark v. GladwellWisconsin Supreme Court · 1880
3Cited by6 opinions
- Miller v. City of WauwatosaWisconsin Supreme Court · 1979
- Rector v. ChristySupreme Court of Iowa · 1901
- Witter v. DamitzWisconsin Supreme Court · 1892
- Grunwaldt v. City of MilwaukeeWisconsin Supreme Court · 1967
- State ex rel. Schroeder v. BehnkeWisconsin Supreme Court · 1917
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