Barton v. Boie
Supreme Court of Iowa
Appeal from Pottawattamie District Court at Avoca. — Hon. Thomas Arthur, Judge. In proceedings before the fence viewers of Valley Township in Pottawattamie County, the board refused an order for the erection, cost and maintenance of a partition fence between plaintiff, Barton, and defendant, Boie. Plaintiff Barton appealed to the district court and, in a hearing before that tribunal, the action of the board was reversed and the partition fence was established.
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Appeal from Pottawattamie District Court at Avoca. — Hon. Thomas Arthur, Judge. In proceedings before the fence viewers of Valley Township in Pottawattamie County, the board refused an order for the erection, cost and maintenance of a partition fence between plaintiff, Barton, and defendant, Boie. Plaintiff Barton appealed to the district court and, in a hearing before that tribunal, the action of the board was reversed and the partition fence was established. Defendant appeals. —
1Opinion of the CourtDeemer, C. J.
— The ease was tried on an agreed statement of facts from which we extract the following:
l. Fences : par-drainage11 rigiit of 'fencepower viewers. Some years ago a drainage district was established, known as Nishnabotna District No. 5. Included within the district> for tlie Purpose of straightening its course, was the Nishnabotna River, a rather large stream which theretofore had been wholly on plaintiff’s land. Plaintiff and defendant owned adjoining tracts of land in section five in the township already mentioned, which land was included in the district.
The engineer on the project, which…
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