Metalak v. Rasmussen

Plaintiff had a verdict for nominal damages. Defendants appeal from the order denying their alternative motion for judgment notwithstanding or a new trial.

As the jury were told in the introductory paragraph of a commendably brief charge, the recovery of damages ivas but a secondary purpose of the action, the primary one being to determine “whether or not there is a public driveway or cartway” along the boundary line separating two 80s, one owned by defendant Rasmussen and the other by defendant Brandt. Plaintiff’s farm lies immediately west of these lands. The alleged public right upon which…