Hanson v. Taylor
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dane County. Trespass quare clausum. Answer, highway. Yerdiet and judgment for the plaintiffs; and the defendant appealed.
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APPEAL from the Circuit Court for Dane County. Trespass quare clausum. Answer, highway. Yerdiet and judgment for the plaintiffs; and the defendant appealed. The case in this court turned upon the correctness of the instructions given to the jury; and these are sufficiently set forth in the opinion. contended, among other things, that the locus in quo became a highway by virtue of a continued and uninterrupted use for ten years, under section 80, chapter 16, R. S. 1849 (§ 85, ch. 19, R. S. 1858), citing Miller v. GarlooJs, 8 Barb. 155; Hammond v. ZeAner, 23 id. 473; Golledge v. Horn, 11 E. C.…
1DissentDixoN, C. J.
The facts in this case are the same as in State of Wisconsin v. Joyce. My brethren so recognize them, and so do I. The travel was over uninclosed wild land, where no road had ever been laid out, or recorded, or *555worked, or recognized by the officers of the town or other public authorities, until a period within ten years from the time the action was commenced. I think that case was rightly decided, and should stand as the law of the state. It is directly and fully sustained by very many most respectable authorities. Kelly's Case, 8 Gratt. 632; Hogg v. Gill, 1 McM. 329; Hutto v. Tindall, 6…
2Cases cited23 opinions
- Harding & Loftin v. JasperCalifornia Supreme Court · 1860
- Onstott v. MurraySupreme Court of Iowa · 1867
- Gardiner v. TisdaleWisconsin Supreme Court · 1853
- Noyes v. WardSupreme Court of Connecticut · 1848
- Hyde v. Town of JamaicaSupreme Court of Vermont · 1855
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