19 Wis. 240 | Wis. | 1865
By the Court,
Without the consent of the owners. no road can be laid through any orchard or gardens, set
If the instruction is right in respect to the garden, the owner may lay it out with a small strip of grass or walk near and along the fence, and be required to surrender this for a highway up to the tilled or ploughed portion of the garden ; and thus be compelled to move his fence on to such tilled land. We think the statute is entitled to a more liberal construction.
The circuit court erred in giving these instructions. Eor the purpose of giving or refusing consent we consider Seymour as the owner of the premises. On the other questions raised, the court do not deem it necessary to express any opinion.
The judgment of the court below is reversed, and a venire de novo awarded.