Landowski v. FORX MOTOR COMPANY

GRIMSON, Chief Justice.

The plaintiff brought this suit under Section $-1005, NDRC 1943 against the de-fendaht for removing soil from plaintiff’s land for use in construction on a neighbor’s land. The defendant entered a general denial. The case was tried to a jury. At the close of plaintiff’s testimony the defendant moved that the plaintiff’s action be dismissed on the ground that there was no evidence supporting plaintiff’s claim. This was denied. When the defendant had rested he renewed his motion for a dismissal of plaintiff’s action on the grounds that the plaintiff had wholly failed to…