Miracle Pressed Stone Co. v. Roth
Supreme Court of Iowa
Appeal from Polk County District Court. — Hon. Jesse A. Miller, Judge. Action to recover damages for trespass by defendants’ cattle upon plaintiff’s premises. At the conclusion of the evidence the court directed a verdict for the defendants, and from judgment thereon plaintiff appeals.
1Opinion of the CourtMcClain, J.
The plaintiff and the defendants were tenants of separate parcels of a tract of unimproved land within the corporate limits of the city of Des Moines inclosed by a fence. There was no partition fence between these two parcels. Plaintiff used its portion of the field for the manufacture of cement blocks, while defendants pastured cattle on their portion. These cattle at various times went upon the portion of the field rented by plaintiff and caused damage to the cement blocks, which were in the process of manufacture, and for this damage plaintiff sought a recovery.
running at The court…
2Cases cited5 opinions
- Hinman v. Chicago, Rock Island & Pacific RailroadSupreme Court of Iowa · 1870
- De Mers v. RohanSupreme Court of Iowa · 1905
- Foster v. BusseySupreme Court of Iowa · 1906
- Duffees v. JuddSupreme Court of Iowa · 1878
- Valleau v. Chicago, Milwaukee & St. Paul R'y Co.Supreme Court of Iowa · 1887
3Cited by3 opinions
- Osgood v. NamesSupreme Court of Iowa · 1921
- Lint v. MaloneSupreme Court of Iowa · 1913
- Smith v. FlowersSupreme Court of Iowa · 1918