Miller v. Schenck
Supreme Court of Iowa
Appeal from Jackson District Court. — Hon. A. J. Lefeingwell, Judge. Action for the abatement of a nuisance, and to recover damages alleged to have been caused by it, and to enjoin defendant from obstructing an alleged highway. The cause was tried to the court, and a part of the relief demanded by plaintiff was granted. The defendant appeals.
1Opinion of the CourtRobinson, J.
Plaintiff owns and resides upon a farm which includes the west one-half and. northeast quarter of the northeast quarter, and the northwest quarter of the southeast quarter of section 8, .township 87 north, of range 3 east, and defendant owns all the northwest quarter of the same section, excepting a schoolhouse site. Plaintiff claims that there is a duly-established public highway through the northern and northeastern part of defendant’s land, which the latter has obstructed by building fences across it; that said obstructions interfered with the free and proper use of plaintiff’s premises,…
2Cases cited2 opinions
- Park v. C. & S. W. R.Supreme Court of Iowa · 1876
- Donnelly v. Cedar CountySupreme Court of Iowa · 1888
3Cited by11 opinions
- Nebraska Innkeepers, Inc. v. Pittsburgh-Des Moines Corp.Supreme Court of Iowa · 1984
- Lewisburg & N. R. v. HindsTennessee Supreme Court · 1915
- Husband v. CottonCourt of Appeals of Kentucky · 1916
- Moffitt v. BrainardSupreme Court of Iowa · 1894
- Morgan County v. GoansTennessee Supreme Court · 1917
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