Moose v. Vesey

Matson, Justice.

Appeal from an order denying plaintiff’s motion for judgment non obstante or a new trial.

Plaintiff, who is the owner of the southeast quarter of section 35, township of Svea, in Kittson county, alleges in his complaint that defendants wantonly and maliciously destroyed his fence, to his damage in the sum of $100, and he requests treble damages. Along the southern boundary of plaintiff’s land, which coincides with the sec tion line and also with the common boundary between Kittson and Marshall counties, is a drainage ditch and road running east and west, which prior to 1910 was…