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NORTHERN PACIFIC RAILWAY CO. v. MORTON COUNTY

No. 8077.

131 N.W.2d 557 (1964)

NORTHERN PACIFIC RAILWAY COMPANY, a Corporation, Plaintiff and Appellant, v. MORTON COUNTY, North Dakota, a Public Corporation, State of North Dakota, North Dakota State Highway Department, and A. W. Wentz, as State Highway Commissioner, Defendants and Respondents.

Supreme Court of North Dakota.

On Rehearing December 3, 1964.

Attorney(s) appearing for the Case

Conmy, Conmy & Feste, Fargo, for plaintiff and appellant.

William C. Kelsch, State's Atty. of Morton County, and C. J. Schauss, Mandan, for defendant and respondent Morton County.

Helgi Johanneson, Atty. Gen., Jon R. Kerian, Asst. Atty. Gen., and David L. Milhollan and Francis Breidenbach, Sp. Asst. Attys. Gen., Bismarck, for defendants and respondents State, N. D. State Highway Dept. and State Highway Comr.

TEIGEN, Judge (on reassignment).

The object of this action is to recover compensation from the defendants for damages to the plaintiff's railroad grade and track.

The plaintiff in its complaint alleges that on or about October 10, 1957, the defendants were reconstructing and altering a road and, in doing so, caused and permitted great quantities of earth to be thrown upon and against plaintiff's adjoining grade ...

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