Beck v. Luers

• Decision Date: 16 June 1910
• Citation: 126 N.W. 811
• Parties: BECK v. LUERS.
• Court: Iowa Supreme Court

126 N.W. 811

BECK

v.LUERS.

Supreme Court of Iowa.

June 16, 1910.

Appeal from District Court, Adair County; Edmund Nichols, Judge.

“Not to be officially reported.”

Suit to recover damages alleged to have been caused by the unlawful acts of the defendant. There was a directed verdict for the defendant, and a judgment thereon. The plaintiff appeals. Affirmed.Weeks & Hughes, for appellant.

Hinkson & Nies and Geo. D. Musmaker, for appellee.

SHERWIN, J.

The appellant is the wife of Fred Beck, and at the time of the transaction complained of she lived with her husband on their farm. The defendant was a neighbor and they had known each other from childhood. While the defendant and his hired man were at work in a neighboring field they saw the plaintiff's husband severely punish one of the horses that he was using in plowing corn. The horse died soon thereafter, and the next day the defendant related the circumstances to some of his neighbors. On the same day, but not in the presence of the defendant, some one suggested that Beck ought to be prosecuted for the abuse of dumb animals, but on the suggestion of a minister present it was thought better to have some of Beck's neighbors see him about the matter. Accordingly, two or three persons, with the minister, started for the Beck home. In going thereto they passed the defendant's house, and induced him to accompany them. The party followed the road until it reached the Beck home, and while still in the highway they talked with Beck about his abuse of the old mare. They remained there some 15 or 20 minutes, but during the entire time there was no loud talking, no show of anger or ill will, nor any hostile demonstrations. During all of this time the plaintiff was in the house, about 20 feet from the road, seated by an open window, curious to know what was doing, but unable to hear a single word that was said. She knew all of those present in the road but one, and, according to her own testimony, she had no idea what they were there for until after they had all left. After the talk in the road Beck took his neighbors into the field to show them the dead mare, but nothing occurred there of importance. After his neighbors had all gone away, Beck returned to his house, and told his wife of the object of the visit, and that his neighbors had “accused him of killing old Kit.” The plaintiff claims damages on account of illness produced by fear, alleging an unlawful trespass on the part of the...