Graham v. Hartnett
Nebraska Supreme Court
This was an action brought by Hartnett against Graham, in, the district court of Dakota county, for trespass on land belonging to Hartnett.
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This was an action brought by Hartnett against Graham, in, the district court of Dakota county, for trespass on land belonging to Hartnett. Graham jus-' titled by setting up in his answer that “at the time of said alleged trespass there was a common and public highway over said premises, and on and over which all persons had a right to pass, and that defendant with his stock did pass over the same, as he had a right to do, doing no unnecessary damage; and because the fence thereon obstructed the same he and one Patrick Reilly did remove said obstructions thereon.” Reply denying that there was…
1Opinion of the CourtLake, J.
The plaintiff in error, who was the defendant in the district court, having admitted substantially the acts constituting the alleged trespass, was bound to prove on the trial, in order to prevent' a recovery of damages, that the locus in quo was a legal public road, as claimed in his answer. This, we think, he failed most signally to do, and we are now to inquire whether this failure was, as he claims, caused by erroneous rulings of the court against him.
It appears that this portion of the plaintiff’s land, *521until quite recently, had never been inclosed, and was wild, uncultivated prairie;…
2Cases cited4 opinions
- Irwin v. DixionSupreme Court of the United States · 1850
- Manderschid v. City of DubuqueSupreme Court of Iowa · 1870
- Gwynn v. HomanIndiana Supreme Court · 1860
- Trickey v. SchladerIllinois Supreme Court · 1869
3Cited by18 opinions
- Hiatt v. KinkaidNebraska Supreme Court · 1894
- City of Chadron v. GloverNebraska Supreme Court · 1895
- Cunningham v. San Saba CountyCourt of Appeals of Texas · 1892
- Engle v. HuntNebraska Supreme Court · 1897
- Shaffer v. StullNebraska Supreme Court · 1891
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