Tomten v. Thomas

232 P.2d 723 (1951)

TOMTEN

v.

THOMAS, et ux.

No. 9022.

Supreme Court of Montana.

June 12, 1951.

W.B. Leavitt, Miles City, for appellants.

Farr & Colgrove, Miles City, for respondent.

ADAIR, Chief Justice.

This was a condemnation proceeding by M.E. Tomten, plaintiff, to acquire a private way of necessity over land belonging to Mr. and Mrs. Henry Thomas, defendants. The jury's verdict was for plaintiff. It found the necessity of the road and assessed $250 as the amount of all damage to be sustained by the defendants by the opening thereof.

Defendants filed a memorandum of their costs and disbursements…