Zueger v. Boehm

TEIGEN, Chief Justice.

This appeal is from summary judgments of dismissal of the plaintiffs’ complaint.

The plaintiffs brought action to enjoin the construction of a road grade upon an unimproved section line which bisects the plaintiffs’ farm, and also seek damages for trespass and severance. The defendants separately moved for summary judgment of dismissal of the plaintiffs’ complaint. During the summary judgment proceedings the parties stipulated that the plaintiffs’ claim for damages be stricken from the action and reserved for another action to be brought later, if the plaintiffs prevail…