Little v. McGuire
Supreme Court of Iowa
Appeal from Washington District Cov/rt. 'The plaintiff alleges that his premises were enclosed with a lawful fence and that defendant permitted his domestic animals to break into and trespass upon plaintiff’s premises, consuming corn, hay and wheat to the damage of plaintiff in the sum of $1,000. Answer in denial.
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Appeal from Washington District Cov/rt. 'The plaintiff alleges that his premises were enclosed with a lawful fence and that defendant permitted his domestic animals to break into and trespass upon plaintiff’s premises, consuming corn, hay and wheat to the damage of plaintiff in the sum of $1,000. Answer in denial. The bill of exceptions shows the following facts: There was evidence tending to show that there was a partition fence between the lands of the plaintiff and the defendant; that one-half of this partition fence belonged to plaintiff and the other half to defendant; that this…
1Opinion of the CourtDay, J.
— The defendant asked the court to instruct the jury as follows:
“ If you find from the evidence that the defendant’s fence, with the exception of one or two small gaps, was sufficient to *562have turned the stock, and'find that the plaintiff knew of these gaps, and that the stock would come through such gaps, and after knowing such facts, and knowing that the stock did come through said gaps, and if you find that plaintiff could, with the exercise of ordinary care, have prevented said, stock from thus trespassing, and did not do so, he cannot recover for the damage which he might have thus…
2Cases cited2 opinions
- Mather v. Butler CountySupreme Court of Iowa · 1869
- Simpson v. City of KeokukSupreme Court of Iowa · 1872
3Cited by4 opinions
- Little v. McGuireSupreme Court of Iowa · 1876
- Kimple v. SchaferSupreme Court of Iowa · 1913
- Martin v. ChaseSupreme Court of Iowa · 1922
- Ward v. Paducah & Memphis R. Co.United States Circuit Court · 1880