91 Iowa 146 | Iowa | 1894
The plaintiff was the owner of a farm which has an open and traveled public highway on the north line thereof. The road, as laid out, was intended to be located one half on the land of the plaintiff and the other half on the land of the adjoining owner of land. It is conceded by the parties that the road, as traveled, was not on the line. The plaintiff had set out a hedge or row of trees, and at one time stretched wire on the trees, which served the purpose of a fence. There was not room for public travel between the row of trees and the fence of the adjoining owner, except for a short distance. In the year 1889, the plaintiff ceased to use the trees for the purpose of a fence, and erected one further south. It is proper to say that the hedge or row of trees was not in a straight line, so that it was not parallel with the lines of the land. The defendant was supervisor of the road district in which the plaintiff’s farm is situated. In the spring of 1890, he caused the hedge.and trees to be cut down, because they were an obstruction to public travel, as he claimed. The plaintiff bases his action upon section 4571, McClain’s Code, which is as follows: “For willful trespass in injuring any timber, tree, or shrub on the land of another, or in the street or highway in front of another’s cultivated ground, yard or town lot, or on the public grounds of any town, or any land held by this state for any purpose whatever, the perpetrator shall pay treble damages at the suit of