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BARROWS v. KENOSHA COUNTY

8 Wis.2d 58 (1959)

BARROWS and wife, Respondents, v. KENOSHA COUNTY, Appellant.

Supreme Court of Wisconsin.

October 6, 1959.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cavanagh, Mittelstaed, Sheldon, Heide & Hartley of Kenosha, and oral argument by William A. Sheldon.

For the respondents there was a brief by Clarence A. Tennessen and Leo E. Vaudreuil, both of Kenosha, and oral argument by Mr. Vaudreuil.

CURRIE, J.

The position of the defendant county on this appeal is that the evidence adduced did not rebut the statutory presumption provided in sec. 80.01 (2), Stats., that Wood road was a four-rod road at the time the 1954 improvement of such highway was undertaken. The plaintiffs contend that it did.

The material portions of sec. 80.01 (2), Stats., read as follows:

"UNRECORDED HIGHWAYS VALIDATED, EXCEPTION...

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