Noble v. Chase
Supreme Court of Iowa
Appeal from Delaware Qvrewvb Court. Action commenced before a justice of the peace to recover for damages alleged to have been done by the defendant’s cattle and hogs.
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Appeal from Delaware Qvrewvb Court. Action commenced before a justice of the peace to recover for damages alleged to have been done by the defendant’s cattle and hogs. The plaintiff avers that he and the defendant are owners of adjoining farms, between which is a partition fence; that the plaintiff’s part of the partition fence is good and lawful, and the defendant’s part insufficient and not lawful; that the defendant’s cows and other animals passed over the defendant’s part of the fence by reason of its insufficiency, and entered upon the plaintiff’s land, and .destroyed his crops, and did…
1Opinion of the CourtAdams, J.
i practice in eourtTiess sumplíonin16' court.°ílower The court instructed the jury that, under the undisputed evidence, the plaintiff could not recover for the tresPass alleged to have been committed by the defendant’s animals in passing over the fence upon the plaintiff’s land. The giving of this instruction is asssigned as error. The evidence is not set out, nor is it affirmatively shown that the instruction was excepted to. But the case, involving less than $100, comes to us upon a certificate, and the questions certified we will presume do arise in the case, unless it is shown…
2Cases cited1 opinion
- Thorpe Bros. v. DickeySupreme Court of Iowa · 1879
3Cited by3 opinions
- Menefee v. ChesleySupreme Court of Iowa · 1896
- Wenndt v. LatareSupreme Court of Iowa · 1972
- Wenndt v. LatareSupreme Court of Iowa · 1972