Philbrick v. Town of University Place
Supreme Court of Iowa
Appeal from Pollc District Court. — Hon. C. P. Holmes,. Judge. Action for recovery of damages occasioned by the destruction of a hedge fence growing on land alleged to belong to the plaintiffs, but which, according to the answer of the defendants, had been dedicated to the public use as a highway. Trial to jury; verdict and judgment for the defendants; and plaintiffs appeal.
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Appeal from Pollc District Court. — Hon. C. P. Holmes,. Judge. Action for recovery of damages occasioned by the destruction of a hedge fence growing on land alleged to belong to the plaintiffs, but which, according to the answer of the defendants, had been dedicated to the public use as a highway. Trial to jury; verdict and judgment for the defendants; and plaintiffs appeal. The death of Mary A. Philbrick having been suggested, her administrators have been .substituted as parties plaintiff in this court.-
1Opinion of the CourtLadd, J.
1 Our conclusion in Deitz v. Capitol City B. & P. Co., 103 Iowa, 542, made a re-hearing in this case necessary,-. It was there held that evidence taken down in shorthand, after' being transcribed,may,when duly certified by the trial. judge, become a part of the record without the certificate of the official reporter. While the bill of exceptions-does not purport to contain all the evidence, that included is identified by the judge as having been introduced at the trial.The errors assigned, then, may be considered.
*3542 *353II. The parcel of land, containing ten and five-tenths-acres, belonging to the…
2Cases cited2 opinions
- Gallaher v. HeadSupreme Court of Iowa · 1887
- Dietz v. Capital City Brick & Pipe Co.Supreme Court of Iowa · 1897
3Cited by3 opinions
- State v. WelshSupreme Court of Iowa · 1899
- Caldwell v. City of OttumwaSupreme Court of Iowa · 1924
- Wickre v. Independence TownshipSouth Dakota Supreme Court · 1913