Amondson v. Severson
Supreme Court of Iowa
Appeal from, Allamakee Bist/riet Cowrt. Friday, December 12. The plaintiff brings this action to recover damages which he alleges he has sustained by reason of the defendant failing and refusing to close a gate at the end of a private right of way which defendant is entitled to across the premises of the plaintiff, whereby the plaintiff’s crops were exposed and injured. The cause was submitted to the court without a jury on the pleadings and agreement of the parties.
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Appeal from, Allamakee Bist/riet Cowrt. Friday, December 12. The plaintiff brings this action to recover damages which he alleges he has sustained by reason of the defendant failing and refusing to close a gate at the end of a private right of way which defendant is entitled to across the premises of the plaintiff, whereby the plaintiff’s crops were exposed and injured. The cause was submitted to the court without a jury on the pleadings and agreement of the parties. The court rendered judgment for plaintiff. The defendant appeals. The facts of the case appear in the opinion.
1Opinion of the CourtMiller, J.
The records show that prior to March 10, 1870, the plaintiff and the defendant were owners of adjoining farms. There was a public road along the east line of plaintiff ’s farm. The farm of the defendant was west of that of the plaintiff. The defendant had no road or way from his farm to the highway, the farm of the plaintiff lying immediately between defendant’s farm and the highway. On the day above mentioned the parties made and entered into the following agreement in writing, viz.:
“ This agreement made the 14th day of March, A. D. 1870, between Erick Amondson, of Paint Creek township,…
2Cases cited2 opinions
- Bakeman v. . TalbotNew York Court of Appeals · 1865
- Houpes v. AldersonSupreme Court of Iowa · 1867
3Cited by7 opinions
- Hodgkins v. BianchiniMassachusetts Supreme Judicial Court · 1948
- Mendelson v. McCabeCalifornia Supreme Court · 1904
- McDonnell v. SheetsSupreme Court of Iowa · 1944
- Boyd v. BloomIndiana Supreme Court · 1899
- Fortner v. Eldorado Springs Resort Co.Supreme Court of Colorado · 1924
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