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POLK v. GILBERT

258 Wis. 150 (1950)

TOWN OF POLK and another, Appellants, vs. GILBERT and others, Respondents.

Supreme Court of Wisconsin.

December 5, 1950.

Attorney(s) appearing for the Case

For the appellants there was a brief by Lehner & Lehner of Princeton, and oral argument by Philip Lehner.

For the respondent Lillian Hahn there was a brief by Sell & Mathiowetz of Milwaukee, and oral argument by M. H. Sell.

For the respondent J. R. Mann there was a brief by Lines, Spooner & Quarles, attorneys, and Robert L. Mann of counsel, all of Milwaukee, and oral argument by Mr. Mann.

GEHL, J.

There was testimony that for the purpose of removing ice from the lake and for bathing and fishing the strip had been used for many years; and that horse-drawn vehicles and automobiles had been driven over it particularly for those purposes; that cars had been parked upon it; that some years ago a pier had been built over the lake and from the strip, and that the pier had been used by fishermen and bathers.

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