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MUEHRCKE v. BEHRENS

Nos. 256, 257.

43 Wis.2d 1 (1969)

169 N.W.2d 86

MUEHRCKE, Respondent, v. BEHRENS, Appellant. BEHRENS, Appellant, v. TOWN OF DOTY, Respondent.

Supreme Court of Wisconsin.

Decided June 3, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Cornelisen, Denissen, Kranzush, Kuehn & Condon, attorneys, and David J. Condon of counsel, all of Green Bay, and oral argument by David J. Condon.

For the respondent B. C. Muehrcke there was a brief by Lehner, Lehner & Behling and Adolph P. Lehner, all of Oconto Falls, and oral argument by Howard N. Lehner.

For the respondent town of Doty there was a brief by Plier & Plier and James H. Plier and Donald J. Plier, all of Oconto, and oral argument by James H. Plier.

BEILFUSS, J.

The principal issue in both actions is whether the road is public or private. Other issues deal with the admission of an exhibit and the sufficiency of the evidence as to width and length of the road and sufficiency of evidence in the Muehrcke action.

Muehrcke's property and Behrens' property both abut the section line and the lake. Muehrcke's property is just south of the section line and is 1300 feet square; he acquired it in 1914. Behrens'...

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