State v. Mitchell
Supreme Court of Iowa
Appeal from Fayette District Court. An information was filed charging the defendant with obstructing a highway contrary to the provisions of chapter 17, of the laws of the Fifteenth General Assembly. Miller’s Code, Sec. 3999-J. Upon a trial in the District Court, the defendant was found guilty; judgment on the verdict, and he appeals.
1Opinion of the Court
Seevers, Oh. J.
1. HIGHWAY: established by user : notice. The court instructed .the jury as follows: “A highway may be constituted also by ten years use in conneetion with other facts. If you find from the evidence that the place where the digging was done, was within the line of travel by the public generally, and that such line of travel had been maintained for a period of ten years continually prior to May 24, 1879, and that the owner of the land had knowledge that it was being so used, and did not object to such travel, and the public were claiming the right to so use it, then the place…
2Cases cited1 opinion
- Commonwealth v. CoupeMassachusetts Supreme Judicial Court · 1880
3Cited by16 opinions
- Walcott Township v. SkaugeNorth Dakota Supreme Court · 1897
- Cunningham v. San Saba CountyCourt of Appeals of Texas · 1892
- State v. BirminghamSupreme Court of Iowa · 1888
- Gray v. HaasSupreme Court of Iowa · 1896
- State v. TeetersSupreme Court of Iowa · 1896
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