Larkin v. Harris
Supreme Court of Iowa
Appeal from Dawis CvrouAt Court. This action is brought to require, by. mandamus, the defendant, who is a road supervisor, to remove certain fences he has himself placed across an alleged highway running through the defendant’s land, section thirty-one, in township sixty-nine, north of range thirteen west. The issue made between the parties is as to the existence of the highway.
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Appeal from Dawis CvrouAt Court. This action is brought to require, by. mandamus, the defendant, who is a road supervisor, to remove certain fences he has himself placed across an alleged highway running through the defendant’s land, section thirty-one, in township sixty-nine, north of range thirteen west. The issue made between the parties is as to the existence of the highway. The facts of the case in their detail are somewhat complicated, and can only be fully comprehended by the aid of a map; but all that are requisite to the question decided are stated in the opinion. The trial was to…
1Opinion of the CourtCole, J.
— The facts were found by the court, and, so far as necessary to state them, are as follows: In October, 1817, a road, known as the Wood’s Mill road, running from said mill in Van Burén county to Bloomfield in Davis county, was duly established, and was at once opened and used for public travel. This road runs diagonally through section, thirty-one, owned by the defendant, who is road supervisor. A person traveling this road from Bloomfield to Wood’s Mill will reach the north-west corner of s'ection thirty-one just one-fourth of a mile south from Bloomfield, and will diagonally cross said…
2Cited by7 opinions
- Robinson v. EnkingIdaho Supreme Court · 1937
- Cowin v. City of WaterlooSupreme Court of Iowa · 1946
- State ex rel. Cutter v. KammanIndiana Supreme Court · 1898
- Turner v. DavissonWashington Supreme Court · 1955
- Patterson v. VailSupreme Court of Iowa · 1876
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