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Torts Keyed to Miller
Hannabalson v. Sessions
Citation:
116 Iowa 457, 90 N.W. 93 (1902)Facts
Hannabalson (Plaintiff) and Sessions (Defendant) lived beside each other with a fence separating the properties. Plaintiff filed suit for battery and trespass after an incident in which Plaintiff was trying to remove a ladder from their adjoining fence. When Defendant’s ladder was hanging on the fence, the defendant claimed that the plaintiff tried to remove the ladder. Plaintiff stated that her arm was merely resting over the fence and the defendant struck her arm. Defendant claimed that he gently touched the plaintiff’s arm, asking the plaintiff to stay on her side of the fence.
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