Berger v. Morton County

The plaintiff, Peter Berger, as the owner of the west half of section twenty-four, township one hundred thirty-six, range eighty-three, in Morton County, brings this action to restrain the defendants from trespassing and from doing any grading or any Avork whatsoever in attempting to maintain a public higliAvay through or up on the land. In his complaint he also alleged damages sustained, but upon the trial this claim was abandoned. In their answer the defendants admit their entry upon the premises in question and their intention to continuously and repeatedly enter for the purpose of grading…