CARLSON v. DORSCH


274 Wis. 22 (1956)

CARLSON and others, Respondents, vs. DORSCH, Appellant.

Supreme Court of Wisconsin.

November 7, 1956.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by William P. McGovern of Milwaukee.

For the respondents there was a brief and oral argument by John A. Udovc of Milwaukee.


WINGERT, J.

Nothing appears in the record which would give defendant any right to drive over the least portion of plaintiffs' land, or to pull down any post located exclusively on and above plaintiffs' land, unless it be a prescriptive right arising by adverse user.

Use of an easement for twenty years, unexplained, will be presumed to have been under a claim of right and adverse, and will in many circumstances be sufficient...

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