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LANDOWSKI v. FORX MOTOR COMPANY

No. 7691.

85 N.W.2d 422 (1957)

Max LANDOWSKI, Plaintiff and Appellant, v. FORX MOTOR COMPANY, a corporation, Defendant and Respondent.

Supreme Court of North Dakota.

October 14, 1957.

Attorney(s) appearing for the Case

Lyche & Lyche, Grand Forks, for appellant.

Shaft, Benson & Shaft, Grand Forks, for respondent.

GRIMSON, Chief Justice.

The plaintiff brought this suit under Section 9-1005, NDRC 1943 against the defendant for removing soil from plaintiff's land for use in construction on a neighbor's land. The defendant entered a general denial. The case was tried to a jury. At the close of plaintiff's testimony the defendant moved that the plaintiff's action be dismissed on the ground that there was no evidence supporting plaintiff's claim. This was denied. When the defendant...

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