Heath v. Coltenback
Supreme Court of Iowa
Appeal from, the Delaware District Oowt. This was an action of trespass, commenced before a justice of the peace, for injuries to plaintiff’s crops, by the stock of defendant. On the trial in the district court, the court instructed the jury, that “ cattle and hogs are free commoners, and before the plaintiff could recover, he must show that his fence was such as would turn ordinary cattle.” The defendant recovered his costs, and plaintiff appeals.
1Opinion of the Court
"Wright, C. J.
The appellant insists that the court erred in the instruction given to the jury, as to the duty of plaintiff to fence his crops, and protect them against the alleged trespass of defendant’s stock. The instructions were in accordance with the rule as recognized by this court, in Bissell v. Wagner, 3 Iowa, 396.
It is also claimed that as the transcript of the justice does not show that defendant denied plaintiff’s claim, the court below erred in rendering judgment in favor of defendant. It does appeal’, however, that the parties before the justice, had a full investigation and…
2Cases cited1 opinion
- Wagner v. BissellSupreme Court of Iowa · 1856
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