Kitterman v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from, Wapello Circuit Gowrt. The petition states that the defendant, without right or authority, entered upon certain real estate owned by the plaintiff, and constructed its road over and across tbe same, threw down her fences, destroyed her growing crops, failed to construct cattle guards, and otherwise injured the plaintiff’s premises, to her great damage.
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Appeal from, Wapello Circuit Gowrt. The petition states that the defendant, without right or authority, entered upon certain real estate owned by the plaintiff, and constructed its road over and across tbe same, threw down her fences, destroyed her growing crops, failed to construct cattle guards, and otherwise injured the plaintiff’s premises, to her great damage. The defendant denied the allegations of the petition, and pleaded that it entered upon said premises because it had the right to do so for the purpose of constructing its road. Trial by jury, judgment for the plaintiff for $250,…
1Opinion of the CourtSeevers, J.
i practice w'uunot conMdered. I. The court submitted to the jury, under proper instructions, the question whether defendant entered ^ie Premises as a trespasser, and should be ejected ancl removed therefrom. This special interrogatory was answered in the negative. Counsel for the appellee insists that the interrogatory and answer cannot be considered, because it was not submitted to counsel for the appellee, as provided by statute. The abstract fails to show whether the claimed fact is true or not, and we cannot presume that it was. Besides this, we are unable to discover that this question…
2Cited by1 opinion
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1893