Madison v. Hood

De Graff, J. —

This action is based upon a violation of a statutory duty on the part of the defendants. Section 2312, Code of 1897. There can be and there is no question about this. It was the duty of the defendants to restrain the animal that caused the alleged damage. See Hansen v. Kemmish, 201 Iowa 1008, loc. cit. 1011; Hickey v. Freeman, 198 Iowa 465.

A brief analysis of the facts is first in order. The defendant Fred Hood, residing on a contiguous farm to that of plaintiff, was the joint owner with his wife, Florence, of a roan bull which was kept on the Hood premises just across the road…