Jacobs v. Stover, No. 55356

CourtUnited States State Supreme Court of Iowa
Writing for the CourtHeard before MOORE; LeGRAND
Citation243 N.W.2d 642
PartiesGary L. JACOBS, Appellant, v. Doris STOVER et al., Appellees.
Docket NumberNo. 55356
Decision Date30 June 1976

Page 642

243 N.W.2d 642
Gary L. JACOBS, Appellant,
v.
Doris STOVER et al., Appellees.
No. 55356.
Supreme Court of Iowa.
June 30, 1976.

Page 643

Robert D. Fulton, Waterloo, for appellant.

Beecher, Buckmaster, Beecher, Holmes & Lindeman, Waterloo, for appellees.

Heard before MOORE, C.J., and LeGRAND, UHLENHOPP, HARRIS and McCORMICK, JJ.

LeGRAND, Justice.

This is a claim for personal injuries sustained by plaintiff, Gary L. Jacobs, when an automobile he was driving collided with a horse owned by the defendants, Doris Stover and Kingdom M. Stover. The latter is now dead, and the administrator of his estate has been substituted as a party defendant.

This action was brought against Mr. and Mrs. Stover as owners of the animal and against Marvin Stallman and Wilma Stallman, husband and wife, as owners of an adjacent farm to which the animal had strayed before wandering onto the highway.

For convenience, we refer to Doris Stover and the administrator of her husband's estate jointly as Stover and to Mr. and Mrs. Stallman jointly as Stallman.

The present matter reaches us as a permissive appeal under Rule 332, Rules of Civil Procedure. It involves only Stallman's motion for summary judgment under Rule 237, R.C.P. Plaintiff's claim against Stover is not before us. The trial court sustained the motion and entered judgment for Stallman. We affirm.

Stover and Stallman are owners of adjacent farm land. Apparently they could not agree on the maintenance of a boundary fence between their lands. Upon Stallman's petition, the matter was submitted to fence viewers as provided in Chapter 113, The Code. On October 3, 1968, they ordered Stover to maintain the north half of a boundary fence and Stallman the south half. The order allowed the parties 30 days to comply with its terms. See §§ 113.3 and 113.4, The Code. While the repairs were being made, one of Stover's horses wandered from his land onto Stallman's. The escape was made at a point on the fence line Stallman had been ordered to maintain. From Stallman's farm, the animal gained access to the public road where the accident occurred.

The motion for summary judgment was considered on the pleadings, affidavits and oral testimony. There is no dispute as to the facts. Stover, not Stallman, owned the horse. At the time of the accident, Stallman had removed part or all of the existing fence along the portion of the line he had been directed to maintain. He was then in the process of rebuilding the fence to comply with the fence viewers' order. The deadline for completion of these repairs was November 3, 1968. The accident occurred on October 13, 1968.

Since under this record the only conflict concerns legal consequences flowing from undisputed facts, entry of summary judgment is proper. Goodwin v. City of Bloomfield, 203 N.W.2d 582, 588 (Iowa 1973). As already mentioned, we agree with the trial court's conclusion Stallman was entitled to summary judgment.

Before setting out the reasons for reaching this result, we first observe plaintiff's brief does not accurately...

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22 practice notes
  • Deveneau v. Wielt, No. 14–330.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • March 4, 2016
    ...the landowner is neither the owner nor keeper, he has no duty to confine or restrain the animal.” Id. at 565 ; see also Jacobs v. Stover, 243 N.W.2d 642, 644 (Iowa 1976) (affirming summary judgment to landowner where parties admitted landowner had no duty to fence livestock); Sutton v. Duke......
  • Farm Bureau Mut. Ins. Co. v. Milne, No. 86-1427
    • United States
    • United States State Supreme Court of Iowa
    • May 11, 1988
    ...in the record concerns only the legal consequences flowing from undisputed facts, entry of summary judgment is proper. Jacobs v. Stover, 243 N.W.2d 642, 643 (Iowa 1976). With these principles in mind, we look at the undisputed record made before the district In March 1983, Milne was the dri......
  • State Auto Mutual Ins. Co. v. Dover Const., Inc., No. C03-4009-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • July 30, 2003
    ...Brown v. Monticello State Bank, 360 N.W.2d 81, 84 (Iowa 1984). In such circumstances, summary judgment is proper. Jacobs v. Stover, 243 N.W.2d 642, 643 (Iowa 1976)." Ottumwa Housing Auth. v. State Farm Fire & Cas. Co., 495 N.W.2d 723, 726 (Iowa 1993). In this case, the parties agree that th......
  • Brody v. Ruby, No. 60842
    • United States
    • United States State Supreme Court of Iowa
    • June 28, 1978
    ...the notion no material factual issues exist. The basic issue concerns legal consequences flowing from undisputed facts. Jacobs v. Stover, 243 N.W.2d 642, 643 (Iowa Because our rule 237 is patterned on rule 56, Federal Rules of Civil Procedure, federal interpretations are persuasive. Sherwoo......
  • Request a trial to view additional results
22 cases
  • Deveneau v. Wielt, No. 14–330.
    • United States
    • Vermont United States State Supreme Court of Vermont
    • March 4, 2016
    ...the landowner is neither the owner nor keeper, he has no duty to confine or restrain the animal.” Id. at 565 ; see also Jacobs v. Stover, 243 N.W.2d 642, 644 (Iowa 1976) (affirming summary judgment to landowner where parties admitted landowner had no duty to fence livestock); Sutton v. Duke......
  • Farm Bureau Mut. Ins. Co. v. Milne, No. 86-1427
    • United States
    • United States State Supreme Court of Iowa
    • May 11, 1988
    ...in the record concerns only the legal consequences flowing from undisputed facts, entry of summary judgment is proper. Jacobs v. Stover, 243 N.W.2d 642, 643 (Iowa 1976). With these principles in mind, we look at the undisputed record made before the district In March 1983, Milne was the dri......
  • State Auto Mutual Ins. Co. v. Dover Const., Inc., No. C03-4009-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • July 30, 2003
    ...Brown v. Monticello State Bank, 360 N.W.2d 81, 84 (Iowa 1984). In such circumstances, summary judgment is proper. Jacobs v. Stover, 243 N.W.2d 642, 643 (Iowa 1976)." Ottumwa Housing Auth. v. State Farm Fire & Cas. Co., 495 N.W.2d 723, 726 (Iowa 1993). In this case, the parties agree that th......
  • Brody v. Ruby, No. 60842
    • United States
    • United States State Supreme Court of Iowa
    • June 28, 1978
    ...the notion no material factual issues exist. The basic issue concerns legal consequences flowing from undisputed facts. Jacobs v. Stover, 243 N.W.2d 642, 643 (Iowa Because our rule 237 is patterned on rule 56, Federal Rules of Civil Procedure, federal interpretations are persuasive. Sherwoo......
  • Request a trial to view additional results

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