Mosier v. Vincent
Supreme Court of Iowa
Appeal from Van Duren District Oou/rt. Action for trespass. The plaintiff alleged that defendant willfully, unlawfully and maliciously threw down and removed the plaintiff’s fence inclosing his cultivated fields; claiming $500 damages.
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Appeal from Van Duren District Oou/rt. Action for trespass. The plaintiff alleged that defendant willfully, unlawfully and maliciously threw down and removed the plaintiff’s fence inclosing his cultivated fields; claiming $500 damages. Answer in denial; and, also, that defendant was road supervisor, and simply removed obstructions from a road, in his district, which had been used, traveled and worked by the public for twenty-five years; that plaintiff set his fence therein, and failed to remove it after notice to do so. Trial to a- jury; verdict and judgment for defendant. The plaintiff…
1Opinion of the CourtCole, J.
1. Highway: by prescription evidence. I. The error first asssigned is, that the court allowed the defendant, against plaintiff’s objections, to introduce parol testimony tending to prove a road by prescription, where the alleged trespass was committed, without first showing that there was no record of such road, or that it was imperfect pr beyond defendant’s reach, or the like. The objections are grounded upon the idea, that- parol evidence, to establish the existence of a road by prescription, is secondary or substitutionary in its character. This is a mistaken view of the law. Roads may be…
2Cases cited2 opinions
- Brown v. Jefferson CountySupreme Court of Iowa · 1864
- Bradley v. KavanaghSupreme Court of Iowa · 1861
3Cited by7 opinions
- State v. CliffordWest Virginia Supreme Court · 1906
- Savannah, Florida & Western Railway Co. v. GillSupreme Court of Georgia · 1903
- Jacobs v. City of Cedar RapidsSupreme Court of Iowa · 1917
- Harbacheck v. Moorland Telephone Co.Supreme Court of Iowa · 1929
- Iowa Loan & Trust Co. v. Board of SupervisorsSupreme Court of Iowa · 1919
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