Upp v. Darner
Supreme Court of Iowa
Appeal from Wapello District Court. — Hon. Erank W. Eichelberger, Judge. Action at law to recover damages due to the erection of a barbed wire fence by the defendant within the city of Ottumwa, contrary to an ordinance thereof, resulting in the death of an animal owned by plaintiff which while frightened ran into the fence and received injuries which necessitated her killing.
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Appeal from Wapello District Court. — Hon. Erank W. Eichelberger, Judge. Action at law to recover damages due to the erection of a barbed wire fence by the defendant within the city of Ottumwa, contrary to an ordinance thereof, resulting in the death of an animal owned by plaintiff which while frightened ran into the fence and received injuries which necessitated her killing. The defendant, while admitting the erection of the fence, pleaded that he had sold the premises upon which it had been placed, before the accident, and that after he sold the property the fence was cut, part of it…
1Opinion of the CourtDeemer, J.
The city of Ottumwa had an ordinance which made it unlawful for any one to use any barbed wire, either in the construction or maintenance of any fence, inclosing in whole or in part any lot within the corporate limits of said city. In the year 1907 defendant was the owner of lot one hundred and sixty, which was within the limits of the city, and, for the purpose of keeping teams from driving over this lot, he hung a single strand of barbed wire between two electric light poles some one hundred and fifty-two feet apart at the rear of his lot. This was an insid$ lot, and there was no alley at…
2Cases cited15 opinions
- Faris v. HobergIndiana Supreme Court · 1893
- Woodruff v. BowenIndiana Supreme Court · 1893
- Daugherty v. HerzogIndiana Supreme Court · 1896
- Uthermohlen v. Bogg's Run Co.West Virginia Supreme Court · 1901
- Smith v. TrimbleCourt of Appeals of Kentucky · 1901
10 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Keeran v. Spurgeon Mercantile Co.Supreme Court of Iowa · 1922
- Lasell v. Tri-States Theatre Corp.Supreme Court of Iowa · 1943
- Copfer v. GoldenCalifornia Court of Appeal · 1955
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Reynolds v. Skelly Oil Co.Supreme Court of Iowa · 1939
25 more not listed; retrieve them via the Exa API.