Brutsche v. Bowers
Supreme Court of Iowa
Appeal from Guthrie District Court. — Hon. J. H. Apple-gate, Judge. Suit in equity to enjoin an alleged nuisance in a highway, and to recover damages suffered by plaintiff on account thereof.
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Appeal from Guthrie District Court. — Hon. J. H. Apple-gate, Judge. Suit in equity to enjoin an alleged nuisance in a highway, and to recover damages suffered by plaintiff on account thereof. Defendants admit there is a highway at the place in question, but claim that a fence erected by them, which is the nuisance complained of, is on the south line of said highway, thirty-three feet from the center thereof, which is the true^line between sections 1 and 12 in a certain township of Guthrie county. On the issues joined, the trial court dismissed plaintiff’s petition, and he appeals.
1Opinion of the Court
Deeme k, O. J.
Plaintiff alleges that the highway which he claims defendants obstructed with a fence was lawfully established by the proper authorities in June of the year 1872, and is known as the “Shotwell Eoad and Extension.” He also avers that the highway was dedicated to the public by a former owner of the land which defendants now own, and that it is also a highway by prescription. The defendants admit that there is a highway running east and west between sections 1 and 12, but-say that their fence does not obstruct this highway, but, on the contrary, is on the south line thereof.
Plaintif…
2Cases cited1 opinion
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