Legal Opinion

Brant v. Plumer

Supreme Court of Iowa

Decided June 7, 1884PublishedCited by 8 opinions

Appeal from Potaioattamie Circuit Cowrt. Action for damages on account of the unlawful obstruction by defendant of a public highway. ' The cause was tried to the court, and the judgment was for defendant. Plaintiff appeals.

1Opinion of the CourtReed, J.

Plaintiff alleges that the highway in question has been continuously and constantly used by the public for a period of more than twenty years, with the knowledge and consent of the owners of the land over which it passes; and that it is the shortest, and at times the only passable, route between his farm and the town at which he and his neighbors do their trading and marketing; and that defendant unlawfully obstructed said highway by constructing fences across it, thereby excluding plaintiff and the public from using it. And the special injury which he claims to have sustained was the…

2Cases cited1 opinion

  1. Ewell v. GreenwoodSupreme Court of Iowa · 1868

3Cited by8 opinions

  1. Nebraska Innkeepers, Inc. v. Pittsburgh-Des Moines Corp.Supreme Court of Iowa · 1984
  2. Bradford v. FultzSupreme Court of Iowa · 1914
  3. Smart v. Aroostook Lumber Co.Supreme Judicial Court of Maine · 1907
  4. Hale v. Town of WestonWest Virginia Supreme Court · 1895
  5. Dairy v. Iowa Central Railway Co.Supreme Court of Iowa · 1900

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