Legal Opinion

Young v. Inman

Supreme Court of Iowa

Decided March 15, 1910PublishedCited by 9 opinions

Appeal from Cer.ro Gordo District Court. — Hon. J. P. Clyde, Judge. . Action to recover damages for an alleged trespass by defendants upon plaintiff’s land .due to the construction of an open ditch through and over the same without authority from plaintiff. Defendant's denied the trespass,' and pleaded authority to construct- the ditch from plaintiff’s husband, who it is claimed, was her agent with power to consent thereto and to contract therefor.

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Appeal from Cer.ro Gordo District Court. — Hon. J. P. Clyde, Judge. . Action to recover damages for an alleged trespass by defendants upon plaintiff’s land .due to the construction of an open ditch through and over the same without authority from plaintiff. Defendant's denied the trespass,' and pleaded authority to construct- the ditch from plaintiff’s husband, who it is claimed, was her agent with power to consent thereto and to contract therefor. They also pleaded a counterclaim for the construction of the ditch. On the issues joined, the case was tried to a jury, resulting in verdict and…

1Opinion of the CourtDeemer, C. J.

Plaintiff is the owner of a tract of agricultural land in Cerro Gordo County and defendant is a copartnership engaged in the work of digging and constructing ditches. In the spring of the year 1908, they had contracts with owners of land .in the vicinity of that *494owned by plaintiff for the construction of an open ditch, and, while engaged in the work so contracted, it is claimed that they entered into a contract with R. S. Young, plaintiff’s husband, to the effect that if defendant could induce one Johnson, whose land laid immediately north of that owned by plaintiff, to ditch, he, Young, or…

2Cases cited11 opinions

  1. McLaren v. HallSupreme Court of Iowa · 1868
  2. Bentley & Olmstead v. Snyder & SonSupreme Court of Iowa · 1897
  3. H. G. Angle & Co. v. Mississippi & Missouri R. R.Supreme Court of Iowa · 1859
  4. Steele Smith Grocery Co. v. PotthastSupreme Court of Iowa · 1899
  5. Miller v. HollingsworthSupreme Court of Iowa · 1872

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3Cited by9 opinions

  1. Clemens Graf Droste Zu Vischering v. KadingSupreme Court of Iowa · 1985
  2. Lex v. Selway Steel CorporationSupreme Court of Iowa · 1925
  3. Shannon v. GaarSupreme Court of Iowa · 1944
  4. Buss v. Prudential Ins. Co. of AmericaCourt of Appeals for the Eighth Circuit · 1942
  5. Horrabin v. McCallumSupreme Court of Iowa · 1921

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