Bills v. Belknap
Supreme Court of Iowa
Appeal from Jones District Qowrt. Action in chancery to restrain defendant, who is a supervisor of highways, from cutting down and removing certain trees growing in a road upon which plaintiff’s farm and dwelling are situated. The cause was sent to a referee, upon whose report of the evidence and findings of facts and law a decree was rendered, dismissing plaintiff’s petition. He now appeals to this court. The facts of the ease are found in the opinion.
1Opinion of the Court
Beck, Ch. J.
— The facts of this case are as follows: The defendant’s farm is bounded on the north-east by a highway 66 feet in width, one-half of which is upon his land. This road is the principal thoroughfare of the county, and plaintiff’s premises are within one mile of Anamosa, the county seat. Plaintiff’s house and buildings are less than 100 feet from the road, and are on the summit of a hill of about 50 feet in height, the angle of ascent, in one direction, being about 20 degrees, and in the other, about 15. Along the highway and within its limits, immediately in front of plaintiff’s…
2Cases cited1 opinion
- McCord v. HighSupreme Court of Iowa · 1868
3Cited by18 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Tate v. City of GreensboroSupreme Court of North Carolina · 1894
- Everett v. City of Council BluffsSupreme Court of Iowa · 1877
- Fritz v. ParkisonSupreme Court of Iowa · 1986
- Mayor of Frostburg v. WinelandCourt of Appeals of Maryland · 1904
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