Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1870-04-15

lars.
Cothren, for defendant denies plaintiff is
the owner of the land He denies he will
fully broke down and chopped plaintiffs
fence; that plaintiff wilfully placed an OBJ
structlon on the highway. Defendant is
road master and was authorized to take
down the fence,
Adam Dolphin sworn. Says he is the
owner of the land, viz : the w of the s.
Ell, sec. 3, town 5, range east. He has
owned the property Is months; that on
the 9th day of January, last, Pedley cut
down three posts and took off the poles.
He told plaintiff that he did it, but that
he had an order to do it. The damages
he had fixed at $3.50. Had the land fenc-
ed and raised a crop last season. Witness
said he had had some trouble with defend,
ants hogs getting into his field.
William Batten sworn. There was a
fence put up on the land. Pedley told
witness that he cut il down he was oblig
ed to do it, as he would lay himself liable
to the town if he refused.
Cothrcn offered record of the above
road as evidence Wilson objected on the
ground that the description of land was
imperfect. There was no mention in the
record of the state, county, town, or
range, where this road was. The whole
thing was defective and did not comply
with the statutes. The court allowed the
record as evidence.
Mr.. Willard sworn. He has known the
road since the year 1913. He travelled on
the same road 20 years ago; previous to
last June it had always been Highway.
~ Cross examined. fIe has travelled from
Talepoe diggings to Highland % ye RS
ago on that same road. The road has
been travelled most of the time about the
same place where the obstruction was
placed. The country was open at that
time and little fencing done.
james Hird sworn. Showed diagram
Of the road and its obstruction to the jury.
lie has known the road since 1860; help
ed to lay it cut. The road was opened
for the use Of the public. There had been
work done on the road and on the very
place where the obstruction was put. The
obstruction was put across the road last
summer. The road has been travelled Il
years where it is fenced across.
Cross examined. He signed the order
for laying out the new road the board
were all present and all signed and agreed
to lay out said road. They awarded dam
ages to some OF the land owners or the
route some they did not, the reason be-
ing that most of the land was returned de-
linqucnt. They did not know who owned
the land. Charles Rodolf owned plaintiff 5
land at that time, but at the time it was
unknown.
James Pedley sworn. He is path-mas-
ter. He had received an order from the
town authorities to remove the obstruc-
ton that plaintiff had placed across the
road. The order was in writing. Have
known the road since it was laid out IN
1860 Work has been done on the road.
Plaintiff asked defendant leave to put bars
across the road to keep cattle out of the
field. Told him he might at his own risk
that he, defendant, should not be liable to
the town. The authorities threatened to
sue defendant if he did not remove the OBJ
struction, he accordingly did so. Plain
tiff had good chance to get off his crop
before defendant removed his fence Mr..
Rodolf owned the land at the time the road
was laid. He told defendant that he did
not claim any damages
Mr.. Holmes testiies He is chairman
of the board Of the town of NJ ffiin. He
issued an orGer to Pedley to open the road
Have known the laid out road since 1860,
it was worked in the spring of 1862. Has
worked on it himself. 1t has been a high
way since that time The road has been
obstructed several times in years gone by,
but the authorities have always removed
~ bo1 I
right where the obstruction is.
Mr.. Bowes sworn. He has left two rods
along his field for road. Always expect
I'd that it was a regular road; it was their
road to Highland and Wirgvile.
After arguments by the counsel the
court give to the jury the following
chargo:
Asr-- !IA:n sres the efcnlant, James Pedley, TO
lveorer for an alleged trespass in breaking down a
fence on land in the plaintiffs possession, VIZ; the
Southwest quarter OF southeast quarter OF section
). town ), range l. east.
The date of the alleged ire pass the 18th jam
AIRY last. The fact OF breaking down the fence is not
denied. The defendant justites breaking down the
fence overseer of highway in the town OF NJ film
which fence he contended was an obstruction.
Tie defendant will be nstifable, il h. acted under
the order of the Town Board, in opening and feDoy-
ing obstruction from the highway unless time past
appears to render such plea nnavailing
The record of the road ald 0nE ana order ostabSIl-
ing the same is sufficiently formal, provided it ap
pears the survey corresponds with the road, upon
which the obstruction Was built; the records pro-
GnceA will inform you what road has been laid ont,
and what discontinued.
Used by The public for ten continuous years, of a
strip of ground for highway, establishes the right
of the public to such ground for 4 highway to the
width and extent of such user.
A marty over whose land a highway is laid out,
may oIstrlct the same, unless he has released his
claim t. damages. damage have been awarded to
him or mn ess after the road has been laid ont and
used hy the public. he knowing Of snch laying ont
and use has assented to the directly, or indi
rectly; But after the of land has sold to
another the declarations of snch owner in reference
to his not to lie taken into consideration.
After order laying ont a road has been recorded
filed with the award Of damages, it would not be
for the supervisor to M IKE order to open
the road. il there fences or obstruction in
the way The opening of road is question of fact
which may be proved by showing that the town
authorities have directed work TO be done on the
road that the public has used the strip of ground
as highway and when there is such evidence, il may
he sufficient, without written order by the Board
of Supervisors.
The Jury retired and found the following
verdict. which they delivered to the court !:
We the Jury, fnd for the defendant.
BEN. THOMAS. JR. Foreman.
CONCLUDED NEXT WEEK.