Patterson v. Vail
Supreme Court of Iowa
Appeal from Davis District Court. This is an action of mandamus to compel the defendant, Thomas Vail, who is road supervisor, to remove certain trees standing near tlie center of a highway, which are claimed to be an obstruction to travel. The answer admits that the trees stand near the center o'f the highway, but denies that they are an obstruction to travel. The cause was tried by the court, who found for the defendants, and entered judgment against plaintiff for costs.
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Appeal from Davis District Court. This is an action of mandamus to compel the defendant, Thomas Vail, who is road supervisor, to remove certain trees standing near tlie center of a highway, which are claimed to be an obstruction to travel. The answer admits that the trees stand near the center o'f the highway, but denies that they are an obstruction to travel. The cause was tried by the court, who found for the defendants, and entered judgment against plaintiff for costs. Plaintiff appeals. The material facts are stated in the opinion. The road supervisor is bound to keep in repair the roads…
1Opinion of the CourtDay, J.
The admissions in the answer, and the testimony, show the following facts:
The defendant, Thomas Yail, is the duly elected and qualified road supervisor of the district in which the road in question is situated. The defendant, Doyle, owns the land in front of which stand the trees complained of. There is a duly established highway, thirty-three feet in width, over the ground referred to in the petition. In this highway stand thirteen trees, occupying a space-lengthwise of the road of a little more than nineteen rods, and all standing north of the center of the road. Of twelve of these trees…
2Cases cited2 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Larkin v. HarrisSupreme Court of Iowa · 1872
3Cited by9 opinions
- McCarl v. Clarke CountySupreme Court of Iowa · 1914
- Cowin v. City of WaterlooSupreme Court of Iowa · 1946
- Gallaher v. City of JeffersonSupreme Court of Iowa · 1904
- State ex rel. Cutter v. KammanIndiana Supreme Court · 1898
- Davis v. PickerellSupreme Court of Iowa · 1908
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