Glinz v. State

Burr, Oh. J.

In a petition for rehearing, plaintiffs urge that this decision “negatives and nullifies the law on this subject as laid down in the case of Issendorf v. State, 69 N. D. 56, 283 N. W. 783.”

In this plaintiffs are mistaken. We cite and follow the Issendorf case. In the latter case, we were required to consider the phrase “struck by hail,” and therein pointed out that when the amount of hail was “so small that it did no material damage” to the crop, then the crop was not “struck by hail” within the intent of the law.

In the ease at bar, we are not defining the expression “struck by…