Legal Opinion

Berger v. Berger

North Dakota Supreme Court

Decided February 13, 1958No. 7742PublishedCited by 19 opinions

1Opinion of the Court

JOHNSON, Judge.

This is an action in which the plaintiff asserts that there has been established by user or prescription a public road across the Ei/¿SEí4 of Section 30-141-91; that said road has been open and in use as a public highway for more than twenty years and that the public has established such prescriptive highway under the terms of Section 24-0701, NDRC 1943. He also asks that the defendants be enjoined and restrained from fencing and plowing up the alleged highway or in any manner interfering with or obstructing the plaintiff and the public in the' use thereof. The defendants…

2Cases cited14 opinions

  1. Sprow v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1895
  2. Maynard v. BaraMontana Supreme Court · 1934
  3. Violet v. MartinMontana Supreme Court · 1922
  4. Stickley v. Township of SodusMichigan Supreme Court · 1902
  5. King County v. HagenWashington Supreme Court · 1948

9 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Morrison v. MacNamaraDistrict of Columbia Court of Appeals · 1979
  2. Backhaus v. RenschlerNorth Dakota Supreme Court · 1981
  3. Home of Economy v. Burlington Northern Santa Fe RailroadNorth Dakota Supreme Court · 2005
  4. Wagner v. Crossland Construction Company, Inc.North Dakota Supreme Court · 2013
  5. State v. MeyerNorth Dakota Supreme Court · 1985

14 more not listed; retrieve them via the Exa API.

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