Kimple v. Schafer
Supreme Court of Iowa
Appeal from Wayne District Court. — Hon. Thomas L. Maxwell, Judge. Suit in equity to compel defendants to restrain and control their chickens, so as to prevent them from trespassing upon plaintiff’s land. The trial court granted the relief prayed, and defendants appeal.
1Opinion of the CourtDeemer, J.
Plaintiff and defendants own and occupy adjoining farms, separated only by a public highway. Defendants’ dwelling house and improvements are on this highway. Immediately east and across the road is plaintiff’s land, and in the year 1911 he had sown a part of it in oats. At that time, defendants kept a large number (something like 200) of chickens about their yards and premises, and these were permitted to run at large, not only upon their own land, but also upon the public highway. Plaintiff alleges, and the testimony tends to show, that quite a number of these fowls went upon plaintiff’s…
2Cases cited31 opinions
- Buford v. HoutzSupreme Court of the United States · 1890
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Mobile & Ohio Railroad v. WilliamsSupreme Court of Alabama · 1875
- Wagner v. BissellSupreme Court of Iowa · 1856
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3Cited by7 opinions
- Weber v. MadisonSupreme Court of Iowa · 1977
- Tate v. OggSupreme Court of Virginia · 1938
- Independent School District of Ionia v. DeWildeSupreme Court of Iowa · 1952
- Baker v. Howard County HuntCourt of Appeals of Maryland · 1936
- Evans v. McLalinMissouri Court of Appeals · 1915
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