Graessle v. Carpenter
Supreme Court of Iowa
Appeal from Polk Circuit Court. Action to recover for injuries to plaintiff’s real estate by reason of trespasses committed by defendant thereon. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtReoK, J.
-I. The defendant, wbo owns property adjacent to the lot of plaintiff upon which the trespasses were committed, entered thereon without plaintiff’s consent, and laid water-pipes through it to his own premises. Injury resulted therefrom to the fence, walks, trees, shrubbery and house of plaintiff. To recover therefor plaintiff brings this suit.
II. The court below gave to the jury an instruction in the following language: “ Sixth. If you find for the plaint*167iff, the measure of her damage is the difference in value between the premises as they were immediately before defendant entered upon them…
2Cases cited1 opinion
- Freeland v. City of MuscatineSupreme Court of Iowa · 1859
3Cited by19 opinions
- Hartshorn v. . ChaddockNew York Court of Appeals · 1892
- McMahon v. City of DubuqueSupreme Court of Iowa · 1898
- Swift v. BroylesSupreme Court of Georgia · 1902
- Watson v. Mississippi River Power Co.Supreme Court of Iowa · 1916
- Dwight v. . E., C. N.R.R. Co.New York Court of Appeals · 1892
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