Northern Pacific Railway Co. v. Morton County

TEIGEN, Judge (on reassignment).

The object of this action is to recover compensation from the defendants for damages to the plaintiff’s railroad grade and track.

The plaintiff in its complaint alleges that on or about October 10, 1957, the defendants were reconstructing and altering a road and, in doing so, caused and permitted great quantities of earth to be thrown upon and against plaintiff’s adjoining grade *560and tracks, damaging its grade and tracks in the sum of $6,949.95.

The evidence discloses a landslide occurred in an area between the road being reconstructed and altered on the side of a…