McLean County Comm'rs v. PETERSON EXCAVATING

406 N.W.2d 674 (1987)

BOARD OF COUNTY COMMISSIONERS, McLEAN COUNTY, North Dakota, Plaintiff and Appellee,

v.

PETERSON EXCAVATING, INC., Defendant and Appellant.

Civ. No. 11274.

Supreme Court of North Dakota.

May 28, 1987.

Merle A. Torkelson, State's Atty., Washburn, for plaintiff and appellee.

Gary H. Lee, of Bosard, McCutcheon & Rau, Minot, for defendant and appellant.

VANDE WALLE, Justice.

Peterson Excavating, Inc. (Peterson), has appealed from a judgment in favor of the Board of County Commissioners, McLean County (the County), for damages for repairing a paved highway injured by Peterson. We affirm.