Pankratz v. State, Department of Highways

OPINION

CONNOR, Justice.

FACTS

This is an appeal, after nonjury trial, from judgment against plaintiff Fred Pan-kratz in his action for property damage allegedly caused by improper construction of a state highway bridge, and in favor of the state on its counterclaim for encroachment, obstruction of a watercourse and conversion. Pankratz argues on appeal that the judgments on the complaint and counterclaim are clearly erroneous in light of the evidence presented. Corollary issues raised by Pankratz involve right to jury trial, motion for summary judgment and res judicata. 1

This is the second time…