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GOGOLEWSKI v. GUST

16 Wis.2d 510 (1962)

GOGOLEWSKI and others, Appellants, v. GUST and others, Respondents.

Supreme Court of Wisconsin.

May 1, 1962.

Attorney(s) appearing for the Case

For the appellants there was a brief by Patri, Nolan, Crane & Engler, attorneys, and Morris Warzinik of counsel, all of Oshkosh, and oral argument by Hibbard H. Engler.

For the respondents there was a brief by Henry P. Hughes, R. Curtis Laus, and Allen & Sitter, all of Oshkosh, and oral argument by Mr. Hughes.

CURRIE, J.

The issue on this appeal is whether the platted 50-foot strip is a private roadway or public highway. The case is unique in that neither the town board nor any owners of land within the plat are asserting that the roadway is a public highway, but this contention is being advanced by owners of land without the boundaries of the plat.

In order for defendants to prevail in this lawsuit the evidence must show that a public highway was established by...

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