Werner v. Flies
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. Charles D. Goldsmith, Judge. Action at law to recover three times the value of certain alleged shade and ornamental trees, which the plaintiff claims were willfully cut .down by the defendant. There was a .trial by jury, and a verdict and judgment for the plaintiff. Defendant appeals.
1Opinion of the CourtRothko ck, J.
The plaintiff was the owner of a farm which has an open and traveled public highway on the north line thereof. The road, as laid out, was intended to be located one half on the land of the plaintiff and the other half on the land of the adjoining owner of land. It is conceded by the parties that the road, as traveled, was not on the line. The plaintiff had set out a hedge or row of trees, and at one time stretched wire on the trees, which served the purpose of a fence. There was not room for public travel between the row of trees and the fence of the adjoining owner, except for a short…
2Cited by14 opinions
- State v. SavreSupreme Court of Iowa · 1905
- Parker v. ParkerSupreme Court of Iowa · 1897
- Bangert v. Osceola CountySupreme Court of Iowa · 1990
- Johnson v. TylerSupreme Court of Iowa · 1979
- Koonz v. HempySupreme Court of Iowa · 1909
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