Caulkins v. Ward
Supreme Court of Iowa
Appeal from Marion District Court.— Host. EdmuND R. Nichols, Judge. ActioN to enjoin a road supervisor from removing certain fences. Subsequently the township trustees were substituted as parties defendant. Upon hearing, the temporally writ of injunction was made permanent, and defendants appeal.
1Opinion of the CourtLadd, J.
The plaintiff is owner of forty acres of land, through which a public highway runs in a northerly and southerly direction. On each side a fence has been maintained by him for the past fifteen years. The width between fences varies from 44 to 63 feet. In October, 1902, *610the road supervisors undertook to remove the west fence in from the road about fourteen feet-, to the line of an alleged survey, so as to make the road 66 feet wide, and was enjoined from so doing in this action. It appears that the road was first established in 1846, and was part of the State road laid out from Bloomfield to…
2Cases cited4 opinions
- Barnes v. FoxSupreme Court of Iowa · 1883
- Carey v. WeitgenantSupreme Court of Iowa · 1879
- Blair v. BoeschSupreme Court of Iowa · 1882
- McNamara v. BrehmSupreme Court of Iowa · 1900
3Cited by1 opinion
- McKenzie v. WhetzelSupreme Court of Iowa · 1921