West v. Ward
Supreme Court of Iowa
Appeal from Dallas District Court. — Hon. J. H. Henderson, Judge. Action to recover damage resulting to a valuable, highly bred mare from injuries caused by a wire fence to which she was exposed by the wrong and negligence of defendant in opening the fence enclosing the pasture wherein the mare was running.
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Appeal from Dallas District Court. — Hon. J. H. Henderson, Judge. Action to recover damage resulting to a valuable, highly bred mare from injuries caused by a wire fence to which she was exposed by the wrong and negligence of defendant in opening the fence enclosing the pasture wherein the mare was running. After the evidence on behalf of plaintiff was submitted, the district court directed the jury to return a verdict for defendant, which was done, and judgment was rendered thereon, from which plaintiff appeals.
1Opinion of the CourtBeck, J.
I. The petition alleges substantially that plaintiff was the lessee of certain pasture land wherein he kept certain valuable horses, among others a highly bred and well-trained young trotting mare of great value ; that defendant unlawfully went upon the premises, wrongfully and negligently opened the fence enclosing it, and left it open, which permitted the young mare to escape from the pasture; that the country sursounding the pasture was largely fenced with barbed wire, which is dangerous to stock running at large; and that the mare, in attempting to return to the locality from which she…
2Cases cited5 opinions
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- Dubuque Wood & Coal Ass'n v. City & County of DubuqueSupreme Court of Iowa · 1870
- Knapp v. Sioux City & Pacific R'y Co.Supreme Court of Iowa · 1887
- Handelun v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1887
- Bosch v. B. & M. R. R.Supreme Court of Iowa · 1876
3Cited by13 opinions
- Gould v. SchermerSupreme Court of Iowa · 1897
- Fishburn v. Burlington & Northwestern Railway Co.Supreme Court of Iowa · 1905
- Anderson v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1914
- Crawford v. McElhinneySupreme Court of Iowa · 1915
- Hanson v. City of AnamosaSupreme Court of Iowa · 1916
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