Frazier v. Nortinus
Supreme Court of Iowa
Appeal from Hamilton Circuit Court. This action was commenced before a justice of the peace on written petition, in which plaintiff claims damages by reason of the cattle of defendant wrongfully breaking and entering his close and destroying his crops. The answer, also in writing, denies specifically each allegation in the petition. There was a trial before the justice, and judgment for the plaintiff.
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Appeal from Hamilton Circuit Court. This action was commenced before a justice of the peace on written petition, in which plaintiff claims damages by reason of the cattle of defendant wrongfully breaking and entering his close and destroying his crops. The answer, also in writing, denies specifically each allegation in the petition. There was a trial before the justice, and judgment for the plaintiff. Defendant appealed to the circuit court, where the cause was again tried to a jury resulting in a verdict and judgment for defendant. Plaintiff appeals to this court.
1Opinion of the CourtMiller, J.
On the trial the circuit coin’t, in its rulings upon the admission of evidence, and in instructions to the jury, held that the plaintiff could not recover for the alleged trespasses without proving that his premises, trespassed upon, were inclosed by a lawful fence. Each of these rulings is made the basis of an assignment of error and constitute the only errors presented in argument.
This court has held that the commondaw rule, that every man is required to keep his cattle upon his own premises under penalty of answering in damages for injuries committed by them while running at large, is not…
2Cases cited2 opinions
- Wagner v. BissellSupreme Court of Iowa · 1856
- Heath v. ColtenbackSupreme Court of Iowa · 1858
3Cited by4 opinions
- Hansen v. KemmishSupreme Court of Iowa · 1926
- De Mers v. RohanSupreme Court of Iowa · 1905
- Osgood v. NamesSupreme Court of Iowa · 1921
- Kimple v. SchaferSupreme Court of Iowa · 1913