Carman v. Roennan
Supreme Court of Iowa
Appeal from Mills District Court. The plaintiff alleges: 1. That the cattle of defendants broke into plaintiff’s premises, inclosed with a lawful fence, and damaged his crops to the extent of one hundred dollars. 2. That the defendant’s cattle, being unlawfully on plaintiff’s premises, broke into the adjoining field of one D. W. Rowe, inclosed with a lawful fence, and damaged his crops to the extent of one hundred and fifty dollars; and that Rowe duly assigned his claim to…
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Appeal from Mills District Court. The plaintiff alleges: 1. That the cattle of defendants broke into plaintiff’s premises, inclosed with a lawful fence, and damaged his crops to the extent of one hundred dollars. 2. That the defendant’s cattle, being unlawfully on plaintiff’s premises, broke into the adjoining field of one D. W. Rowe, inclosed with a lawful fence, and damaged his crops to the extent of one hundred and fifty dollars; and that Rowe duly assigned his claim to plaintiff. The answer is a general denial. There was a jury trial, and a verdict for one hundred and fifty dollars. The…
1Opinion of the CourtDay, J.
I. It is urged that the verdict is not supported by the evidence. It is clearly proved that defendant’s cattle damaged the crops in question. The evidence is very conflicting as to the character of the fence inclosing the premises. It is probable that, if we were to determine the question as an original one, we would, from the evidence in the abstract, find that plaintiff’s fence was not a lawful one. But the verdict *136is not unsupported by the evidence to an extent that would justify our, disturbing it. Besides, a supplemental agreed abstract is submitted, in which it is admitted the abstract…
2Cases cited5 opinions
- Kilburn v. MullenSupreme Court of Iowa · 1867
- Hubbell v. ReamSupreme Court of Iowa · 1871
- First National Bank of Iowa City v. Charter Oak InsuranceSupreme Court of Iowa · 1875
- Lisher v. PrattSupreme Court of Iowa · 1859
- Richards v. NuckollsSupreme Court of Iowa · 1865