Donaldson v. City of Bismarck

(On petition for rehearing.)

Christianson, J.

Defendant has petitioned for a rehearing “on the ground and for the reason that the court has overlooked material law and facts in the above entitled action, namely:

1st. That this is an action for damages in tort and not an action in condemnation proceedings.

2nd. That interest is not allowed as a matter of law under our statute in cases of this kind.

3rd. That there was neither pleading nor proof, nor claim by the-plaintiff for interest.

4th. That even if interest should be allowed, it is excessive under chapter 150, Laws 1937.”

The contentions thus…