Hougham v. Harvey
Supreme Court of Iowa
Appeal from Polk District Court. The petition alleges, that, for more than twenty-one years, a certain road therein described has been used by the public as a highway, and work has been done upon it as such; that the public convenience requires it to be kept open, and that plaintiff is especially interested in the road as it is the nearest, and, at times, the only passable route for him from his home to Des Moines and to his timber.
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Appeal from Polk District Court. The petition alleges, that, for more than twenty-one years, a certain road therein described has been used by the public as a highway, and work has been done upon it as such; that the public convenience requires it to be kept open, and that plaintiff is especially interested in the road as it is the nearest, and, at times, the only passable route for him from his home to Des Moines and to his timber. It is averred that the road, from the first, was used by the public with the knowledge and consent of the owners of the land over which it passes. The petition…
1Opinion of the Court
Beck, Ch. J.
1. highway : dedication. The demurrer ought not to have been sustained. The petition, with sufficient certainty and explicitness, avers the existence of a highway. q^g ]_ong use ^ ^g for more than twenty-one years, and work done upon the road during all of that time, with the knowledge and consent of the owners of the land, is sufficient evidence of dedication of the land for the purposes of a road. Onstott et al. v. Murray et al., 22 Iowa, 457.
*2052_obstruc-tion of. The obstruction of tbe road is sufficiently set out. Equity will afford relief to one specially injured by the erection…
2Cases cited2 opinions
- Onstott v. MurraySupreme Court of Iowa · 1867
- Ewell v. GreenwoodSupreme Court of Iowa · 1868
3Cited by3 opinions
- Musser v. HersheySupreme Court of Iowa · 1876
- Innis v. Cedar Rapids, Iowa Falls & Northwestern Railway Co.Supreme Court of Iowa · 1888
- Myers v. PriestSupreme Court of Iowa · 1909