Moore County v. Bergner

ELLIS, Chief Justice.

Plaintiff, Moore County, Texas, brought suit to enjoin defendant, Bill Bergner, individually and as representative of the Estate of John C. Bergner, deceased, from obstructing a public roadway and easement claimed by plaintiff-appellant across defendant-appellee’s land in Hutchinson County, Texas. No issue has been made of the right of Moore County to maintain the action.

After a jury trial both parties moved for judgment upon the verdict. The trial court granted the defendant’s motion and rendered judgment decreeing that plaintiff-appellant take nothing by its suit.…