State v. McGee
Supreme Court of Iowa
Appeal from Dubuque District Gom't. The defendant was indicted and convicted of obstructing a highway, and appeals to this court. The facts of the case involved in the points ruled appear in the opinion.
1Opinion of the CourtBeck, J.
There was evidence tending to establish that a road, through defendant’s land, had been laid out fifteen or eighteen years prion to the act charged in the indictment, and that during this time the public had used a road through the same land which did not conform to the course of the established highway, varying from it many rods, but crossing it at one or more places. The defendant fenced up his land, inclosing both the traveled and laid out track. The court, upon the trial, refused to admit evidence offered by defendant tending to prove that the established road was laid out through timber,…
2Cited by1 opinion
- Wilson v. JanesSupreme Court of Kansas · 1883