Little v. McGuire
Supreme Court of Iowa
Appeal from Washington District Court. The plaintiff claims one thousand dollars on account of alleged damage done by the domestic animals of defendant to plaintiff’s corn, hay, fall wheat, fruit trees, shrubbery, etc. The answer is a general denial. At the January term, 1874, there was a jury, trial resulting in a verdict and judgment for plaintiff for $70. On appeal to this court this judgment was reversed and the cause was remanded for a new trial.
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Appeal from Washington District Court. The plaintiff claims one thousand dollars on account of alleged damage done by the domestic animals of defendant to plaintiff’s corn, hay, fall wheat, fruit trees, shrubbery, etc. The answer is a general denial. At the January term, 1874, there was a jury, trial resulting in a verdict and judgment for plaintiff for $70. On appeal to this court this judgment was reversed and the cause was remanded for a new trial. Át the January term, 1875, the cause was again tried, resulting in a verdict for plaintiff for $20. It appearing that, on the 22d day of…
1Opinion of the CourtDay, J.
I. Testimony was introduced tending to show that the stock of others, being unlawfully on the premises of defendant, passed upon plaintiff’s premises through a fence which it was the defendant’s duty to maintain.
1. trespass : stock. Upon this branch of the case the court instructed the jury that “ the defendant is not liable for trespasses committed by th® stock others, even though they came through defendant’s partition fence.” The defendant assigns the giving of this instruction as error. Under the law in force when these trespasses were committed, the owner of domestic animals was liable…
2Cases cited2 opinions
- Adae & Co. v. ZangsSupreme Court of Iowa · 1875
- Little v. McGuireSupreme Court of Iowa · 1874
3Cited by13 opinions
- Mathews v. City of Cedar RapidsSupreme Court of Iowa · 1890
- McDivitt v. Des Moines City Railway Co.Supreme Court of Iowa · 1908
- Keatley v. Illinois Central Railway Co.Supreme Court of Iowa · 1895
- Hart v. Cedar Rapids & Marion City Railway Co.Supreme Court of Iowa · 1899
- Swanson v. Keokuk & Western RailroadSupreme Court of Iowa · 1902
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