Legal Opinion · Dissent

Wenndt v. Latare

Supreme Court of Iowa

Decided September 19, 1972No. 54736Published

1DissentUhlenhopp, Justice

How do §§ 188.2 and 188.3 of the Code affect the civil liability of the owner of an animal ?

Those sections in various forms were in our Codes down to §§ 2312 and 2313 of the Code of 1897. They were changed somewhat as §§ 2980 and 2981 of the Code of 1924, and thereafter they remained the same except for their numbers. Section 188.2 provides:

All animals shall be restrained by the owners thereof from running at large.

And § 188.3 provides:

Any animal trespassing upon land, fenced as provided by law, may be dis-trained by the owner of such land, and held for all damages done thereon by it, unless…

2Cases cited3 opinions

  1. Hansen v. KemmishSupreme Court of Iowa · 1926
  2. Leaders v. DreherSupreme Court of Iowa · 1969
  3. Noble v. ChaseSupreme Court of Iowa · 1882

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