State v. Green
Supreme Court of Iowa
Appeal from Dubuque District Oovrt. , The defendant was indicted for the crime of nuisance in obstructing “a certain public road and ancient highway” in Dubuque county. He was convicted and sentenced to pay a fine of ten dollars and costs, and to stand committed until -paid. Defendant appeals. . The use of a road by the public must be under a claim of a'ight to constitute it a.public highway by.prescription.
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Appeal from Dubuque District Oovrt. , The defendant was indicted for the crime of nuisance in obstructing “a certain public road and ancient highway” in Dubuque county. He was convicted and sentenced to pay a fine of ten dollars and costs, and to stand committed until -paid. Defendant appeals. . The use of a road by the public must be under a claim of a'ight to constitute it a.public highway by.prescription. (State v. Tticher, 36 Iowa, 485; Wash, on Easements, 177; Keys <& Orawford v. TaAb, 19 Id., 123.) Use is only presumptive evidence of dedication; the nature of the right exercised by the…
1Opinion of the Court
Day, J. —
I. The road in question is three quarters of a mile long, and runs across the lands of defendant, of John Noel and of John Kinsinger, from Noel’s landing on the Mississippi River, to the Gears’ ferry road. Noel’s land adjoins defendant’s on the east, and Kinsinger’s adjoins Noel’s on the east. The defendant’s and Kinsinger’s lands, over which the road passed, are inclosed, the defendant’s being timber land. Noel’s land is pasture land, inclosed, and there is a fence across the road with a gate, at the point where the road reaches Noel’s land, from the defendant’s. At Noel’s house,…
2Cases cited2 opinions
- Daniels v. Chicago & N. W. R. R.Supreme Court of Iowa · 1872
- State v. TuckerSupreme Court of Iowa · 1873
3Cited by18 opinions
- Shellhouse v. StateIndiana Supreme Court · 1887
- Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
- Ely v. ParsonsSupreme Court of Connecticut · 1886
- Culver v. ConverseSupreme Court of Iowa · 1929
- Gray v. HaasSupreme Court of Iowa · 1896
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