23 Iowa 378 | Iowa | 1867
Our opinion is that the statute will not warrant this construction. The language is clear, plain and fairly susceptible of but one meaning. The law does not require a lessee to fence the road, nor make him liable for injuries to property if he does not. Giving it the most liberal construction, keeping in view the object and spirit of the entire chapter, we still think it would require at our hands the clearest judicial legislation, to extend it so as to cover plaintiff’s claim.
It is the company that has the power and right to fence — the company organized under the general incorporation act — and it is this voluntary association, possessing the power to protect itself, which is made liable for a failure to comply with the implied, not express, requirements of the statute. A lessee’s term may continue for one day, one month or one year.
Affirmed.