WEBER v. MADISON

No. 2-57893.

251 N.W.2d 523 (1977)

Marilyn Mae WEBER and Wayne Weber, wife and husband, Appellants, v. Nicholas Clark MADISON, Jr., as Executor of the Estate of Stanton W. Madison, Deceased, Appellee.

Supreme Court of Iowa.

March 16, 1977.


Attorney(s) appearing for the Case

Edward J. Gallagher, Jr., of Keith, Gallagher, Lybbert, Martin & Burk, Waterloo, for appellants.

Donald L. Hoeger, of Greif, Klotzbach & Hoeger, Independence, for appellee.

Submitted to MOORE, C. J., and MASON, REYNOLDSON, HARRIS and McCORMICK, JJ.


REYNOLDSON, Justice.

This appeal requires us to examine the status of geese as "free commoners", a subject this court last considered 63 years ago.

The petition alleges plaintiff Marilyn Mae Weber was driving an auto on a gravel road in Buchanan County. As she was coming out of a curve a flock of "large geese" owned by defendant's decedent came upon the highway. Attempting to avoid collision with the geese, she went into a roadside

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