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JANESVILLE v. CHICAGO & N. W. R. Co.

258 Wis. 547 (1951)

TOWN OF JANESVILLE, Respondent, vs. CHICAGO & NORTH WESTERN RAILWAY COMPANY, Appellant.

Supreme Court of Wisconsin.

March 6, 1951.

Attorney(s) appearing for the Case

For the appellant there were briefs by Edward H. Borgelt, Richard S. Gibbs, and James R. Walker, all of Milwaukee, and oral argument by Mr. Gibbs and Mr. Walker.

For the respondent there was a brief by McGowan, Geffs, Geffs & Block of Janesville, and oral argument by Jacob Geffs and George S. Geffs.

FRITZ, C. J.

It appears without dispute that the town road involved in this action had been in existence and was used as a highway for public travel since the year 1843. In 1857 defendant's predecessor in interest acquired in the town of Janesville a one hundred thirty feet wide right of way which crossed the town road by cutting a deep cut through the road; and defendant's predecessor restored the road to such condition that its usefulness was not materially impaired...

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