190 Wis. 495 | Wis. | 1926
This was an action in equity to compel the removal of a wooden culvert constructed by the ‘defendant in front of his premises, fronting on the Hustis-ford-Woodland highway, where the driveway enters the defendant’s farm from such public highway.
The highway runs in a northerly and southerly direction. The lands in that vicinity, over which the road passes, at the point in question slope westerly and southerly, and the defendant’s lands are on the west side of the highway. Over fifty years ago a culvert was put in the highway at the defendant’s north line for the purpose of carrying the
It is well settled law that the fee to the highway remains in the abutting owners, and that they may make such use of the highway as may be reasonable which does not interfere in any way with the public’s right in the highway. The evidence in this case clearly shows that the acts of the defendant did not in any wise interfere with the rights of the public, and that his completing the ditch on the west side of the highway resulted in no damage to the town or the public. This was an action in equity, and the trial
By the Court. — The judgment of the county court is affirmed.