Lint v. Malone
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. "W. H. McHenry, Judge. This is an action for damages for alleged trespassing of stock running at large, and for alleged negligence of defendant in permitting same. There was a general denial by the defendant. There was a trial to a jury and a verdict and judgment for the plaintiff. Defendant has appealed.—
1Opinion of the CourtEvans, J.
The plaintiff was a renter for the year 1910 of certain thirty-five acres of ground owned by one Burgett. This land was joined on the south by certain land of the defendant. The defendant’s land was used solely as a pasture for cattle and horses. For the year 1909 the defendant had also, under an arrangement with Burgett, used Burgett’s land for the same purpose. There was a partition fence of some kind between the two tracts. This was more or less out of repair. Without some repair it was not efficient to restrain stock from passing through it. Whatever repairing had been done in the past…
2Cases cited3 opinions
- De Mers v. RohanSupreme Court of Iowa · 1905
- Duffees v. JuddSupreme Court of Iowa · 1878
- Miracle Pressed Stone Co. v. RothSupreme Court of Iowa · 1909
3Cited by1 opinion
- Smith v. FlowersSupreme Court of Iowa · 1918