Bland v. Hixenbaugh
Supreme Court of Iowa
Appeal from Appanoose Circuit Court. This is an action on appeal to the Circuit Court from the Board of Supervisors, on .account of damages resulting from the establishment of a highway.
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Appeal from Appanoose Circuit Court. This is an action on appeal to the Circuit Court from the Board of Supervisors, on .account of damages resulting from the establishment of a highway. Appellant, in his abstract, submits the case upon the following statement of facts: The plaintiff, Joseph Bland, is the owner of one hundred and sixty acres of land, through which a public highway is proposed to be located, as shown by the following plat: There being no fence through plaintiff’s farm on the line of the proposed road, the location of the road would, therefore, have the effect of compelling him…
1Opinion of the CourtDay, J.
^enceítama ges. I.- Appellant complains of the giving of thefolowinginstruction: “If you find that even though no road was one the fences along the line of said road where it runs through the plaintiff’s premises, would be a proper and profitable fence to construct, for ordinary purposes of dividing the farm into fields along such line, and would not be wholly useless but for the road, then that should be considered by you in mitigation of damages, if any, arising from the necessity to construct this one fence, but in determining how much if anything, the damages, if any, arising from this…
2Cases cited3 opinions
- Bankhead v. BrownSupreme Court of Iowa · 1868
- Vanslyck v. Mills & Co.Supreme Court of Iowa · 1872
- Talbot v. BlacklegeSupreme Court of Iowa · 1867
3Cited by4 opinions
- Haggard v. Independent School DistrictSupreme Court of Iowa · 1901
- Bockoven v. Board of Sup'rs.South Dakota Supreme Court · 1900
- Western Newspaper Union v. City of Des MoinesSupreme Court of Iowa · 1913
- Thines v. KukkuckSupreme Court of Iowa · 1940