Orr v. O'Brien
Supreme Court of Iowa
Appeal from Jones District Court. — Hon. James D. Gieeen, Judge. Action to enjoin the obstruction of a public highway. In 1864 the public highway was established on a certain part of the line between sections 12 and 13, township 85, and- thence west. The location is in timber and brush land, and the road has never been opened up or worked by the public. What travel there -was had been over the adjacent open country, without reference to the established line.
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Appeal from Jones District Court. — Hon. James D. Gieeen, Judge. Action to enjoin the obstruction of a public highway. In 1864 the public highway was established on a certain part of the line between sections 12 and 13, township 85, and- thence west. The location is in timber and brush land, and the road has never been opened up or worked by the public. What travel there -was had been over the adjacent open country, without reference to the established line. The defendant and her immediate devisor have owned and occupied the land on both sides of that part of said section line for more than…
1Opinion of the CourtGiven, C. J.
I. “Mere non-user of an easement of this character, and acquired in this manner, will not operate to defeat the right. Especially is this so when there is no use of the premises adverse to the right of the public.” Davies v. Huebner, 45 Iowa, 574. The mere fact that the road was not opened or worked or traveled on the established line does not bar the public from now asserting the right to do so. In that same case it was insisted that, as for more than ten years before the commencement of the suit the owners of the adjacent lands had been in actual, open, notorious and adverse possession of…
2Cases cited1 opinion
- Davies v. HuebnerSupreme Court of Iowa · 1877
3Cited by19 opinions
- Quinn v. BaageSupreme Court of Iowa · 1907
- Taraldson v. Incorporated Town of Lime SpringsSupreme Court of Iowa · 1894
- Weber v. City of Iowa CitySupreme Court of Iowa · 1903
- Schooling v. HarrisburgOregon Supreme Court · 1903
- Incorporated Town of Cambridge v. CookSupreme Court of Iowa · 1896
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