Stewart v. Wild

A. companion to the instant case was before this court once before. Stewart v. Wild, 196 Iowa 678. The petition set out in the opinion in said case recites the facts substantially as alleged in the petition in the instant case. Appellant seeks to recover for damages by reason of the negligence of appellee in permitting certain bogs, alleged to be the property of appellee, to be upon the public highway.

But one question is involved in this appeal, and that is whether or not appellant was entitled to go to the jury on the question of appellee’s ownership of the hogs which it is claimed caused…