Overman v. May
Supreme Court of Iowa
Appeal from jBlaok ELcmok Cvrouit Court. The plaintiffs claim damages for an alleged trespass committed by defendant in taking and carrying away stone from tbe premises of tbe plaintiffs. The locxos in quo is described in tbe petition as follows, viz.: “ That portion of the N. E. \ of Sec. 12, in Tp. 89, N. of R. 14, over which the road and road-bridge of the city of Cedar Falls, over the Cedar river, is erected and laid.”
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Appeal from jBlaok ELcmok Cvrouit Court. The plaintiffs claim damages for an alleged trespass committed by defendant in taking and carrying away stone from tbe premises of tbe plaintiffs. The locxos in quo is described in tbe petition as follows, viz.: “ That portion of the N. E. \ of Sec. 12, in Tp. 89, N. of R. 14, over which the road and road-bridge of the city of Cedar Falls, over the Cedar river, is erected and laid.” The defendant answered admitting the quarrying and removal of the stone, as alleged, to the quantity of twenty-five perches, and that the same was taken without the consent…
1Opinion of the CourtMiller, J.
it was agreed, on the trial, that plaintiffs were the joint-owners of the premises upon which the alleged trespass was committed, except so far as the proof might qualify such ownership; that the city of Cedar Falls is a city of the second class, and that the locus in quo is within its corporate limits; that the defendant, at the time of the alleged trespass, was street commissioner of said city, and that as such it was his duty to repair and keep the streets and highways in the city in order.
Evidence was introduced tending to show that near the place where the stone were taken the public had…
2Cases cited3 opinions
- Pomroy & Co. v. ParmleeSupreme Court of Iowa · 1859
- Perley v. ChandlerMassachusetts Supreme Judicial Court · 1810
- Keyes v. TaitSupreme Court of Iowa · 1865
3Cited by12 opinions
- Sterling v. JacksonMichigan Supreme Court · 1888
- Denniston v. ClarkMassachusetts Supreme Judicial Court · 1878
- Kansas Natural Gas Co. v. HaskellU.S. Circuit Court for the District of Eastern Oklahoma · 1909
- Walker v. City of SedaliaMissouri Court of Appeals · 1898
- Bigelow v. WhitcombSupreme Court of New Hampshire · 1904
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