Diehn v. Penner

The opinion of the court was delivered by

Wertz, J.:

This action was brought to recover rent for use of plaintiff’s real estate. Defendants claim a right of way acquired by condemnation proceedings. This appeal is from an order overruling plaintiff’s motion for judgment on the pleadings.

The petition alleges that plaintiff is owner of the property in question; that defendant sewer district is a municipal corporation which entered upon and located a sewage pipe line across plain tiff’s land about July 1, 1949, and has since occupied said way across plaintiff’s land, and has used the surface of…