Goslar v. Reed
Supreme Court of Iowa
Appeal from Monona District Court. — J. W. Anderson, Judge. • The plaintiff sues for damages on account of an alleged trespass by defendant’s permitting his hogs to escape upon lands owned by the plaintiff, and there to destroy the corn of plaintiff. Verdict was directed for defendant, and plaintiff appeals.
1Opinion of the CourtSalinger, J.
i feSrfe?ine fence. I. One ground of the sustained motion to direct verdict is contributory negligence. Appellee asserts that plaintiff was guilty of such negligence, in that he did not maintain the fence on the line ^he lands of the parties in such proper condition as “by law he was bound to do.” At one point on the line, the land of plaintiff is much higher than that of defendant. On the evidence, the jury could find that the hogs of the defendant got upon the land of plaintiff by burrowing a hole under the line fence. It *1200could find, too, that both parties properly maintained a lawful line…
2Cases cited3 opinions
- Sioux City Stock Yards Co. v. Sioux City Packing Co.Supreme Court of Iowa · 1900
- Williams v. BrownSupreme Court of Iowa · 1889
- Foster v. BusseySupreme Court of Iowa · 1906
3Cited by3 opinions
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Wheeler v. WoodsSupreme Court of Iowa · 1928
- Mallory v. JurgenaSupreme Court of Iowa · 1958