Yates v. Squires
Supreme Court of Iowa
Appeal from Jorges District Court. The plaintiff sued the defendant, John A. Squires, and his son, Thomas Squires, before a justice of the peace, for the value of a mar.e alleged to have been killed by the wrongful act of the son under the command of his father. There was a trial by jury before the justice, and a verdict was returned against the defendant, John A. Squires, only, upon which a judgment was rendered by the justice. He appealed to the.
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Appeal from Jorges District Court. The plaintiff sued the defendant, John A. Squires, and his son, Thomas Squires, before a justice of the peace, for the value of a mar.e alleged to have been killed by the wrongful act of the son under the command of his father. There was a trial by jury before the justice, and a verdict was returned against the defendant, John A. Squires, only, upon which a judgment was rendered by the justice. He appealed to the. District Court, where another jury trial resulted in a like verdict, from which the defendant has appealed to this court. The facts of the case…
1Opinion of the CourtCole, J.
i. master vant: tort, -The plaintiff and defendant owned lands adjoining, which were inclosed in common, there being no partition fence; their horses had been accustomed to run in the common inclosure. On the day the mare was killed, the defendant on leaving “home directed his son Thomas to turn the plaintiff’s mare out of the lot inclosed in common, if she got in there, which was all the direction he gave him in the matter. The mare being found in the inclosure was turned out into the road by the son. After she had been out about fifteen minutes, two of the plaintiff’s little boys were…
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- O'Neil v. Baltimore & Ohio RailroadDefiance Circuit Court · 1887
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