State v. Birmingham
Supreme Court of Iowa
Appeal from Boone District Court. — Hon. S. M. Weaver, Judge. Defendants were indicted for the crime of nuisance alleged to have been committed by unlawfully obstructing a public highway. They were found guilty and adjudged to pay the costs of suit and to remove the alleged obstruction within thirty days. Defendants appeal.
1Opinion of the CourtRobinson, J.
The defendants are charged with having obstructed a highway by permitting to be placed thereon slack from a coal mine which they were operating. The alleged highway had been worked by road supervisors, 'and traveled by the public, for many years. It ran through unenclosed timber land. It was not shown to have been established under the provisions of law relating to highways, and if it was a legal highway at the time in question it must have become such by dedication of the owner of the land over which it passed, or by prescription. Appellants claim that it was not shown to be a legal highway…
2Cases cited8 opinions
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Onstott v. MurraySupreme Court of Iowa · 1867
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
- State v. BrainardSupreme Court of Iowa · 1868
- Fisher v. BeardSupreme Court of Iowa · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State v. ArmstrongOregon Supreme Court · 1903
- Duncombe v. PowersSupreme Court of Iowa · 1888
- Dugan v. ZurmuehlenSupreme Court of Iowa · 1927
- Gray v. HaasSupreme Court of Iowa · 1896
- Jones v. PetersonSupreme Court of Iowa · 1917
15 more not listed; retrieve them via the Exa API.