Legal Opinion

Haughey v. Hart

Supreme Court of Iowa

Decided October 19, 1883PublishedCited by 11 opinions

Appeal from Buena Vista Circuit Court. This is au action to recover damages for the value of a horse which, it is alleged, was killed by falling into an unfinished well, which the defendant left open and unprotected upon her uninclosed land. There was a demurrer to the petition, which was sustained, and plaintiff appeals,

1Opinion of the CourtRothrock, J.

The following is a copy of tbe petition to which the demurrer was sustained:

“That the defendant was for the six months last past and is now the owner of the following described premises, to-wit: The north half of the northeast quarter of section 29, Grant township, Buena Yista county, Iowa; and that said premises were in the month of January, 1883, and still are, unfenced.
“That defendant caused and permitted to be dug on said unfenced premises a certain dangerous excavation or well, which was and is immediately adjacent to the highway, and knowingly and negligently permitted the same to…

2Cases cited2 opinions

  1. Young v. HarveyIndiana Supreme Court · 1861
  2. Wagner v. BissellSupreme Court of Iowa · 1856

3Cited by11 opinions

  1. Hansen v. KemmishSupreme Court of Iowa · 1926
  2. Crogan v. SchieleSupreme Court of Connecticut · 1885
  3. McIntire v. RobertsMassachusetts Supreme Judicial Court · 1889
  4. Barlow v. Los Angeles County Flood Control DistrictCalifornia Court of Appeal · 1950
  5. Connally v. WoodsSupreme Court of Oklahoma · 1913

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