Carpenter v. The Double R Cattle Company, Inc.

701 P.2d 222, 108 Idaho 602 (1985)

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Carpenter v. The Double R Cattle Company, Inc.

Idaho Supreme Court
701 P.2d 222, 108 Idaho 602 (1985)

SC
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Facts

The Double R Cattle Company, Inc. (Double R) (defendant) operated a cattle feedlot with about 9,000 cattle. The Carpenters (plaintiffs) owned the land next to the feedlot. The Carpenters brought suit, alleging that the accumulation of manure, insect infestation, odor, and pollution of groundwater that resulted from the feedlot constituted a nuisance. The trial court found for Double R. The court of appeals reversed and remanded for a new trial on the grounds that the trial court did not give a jury instruction that a nuisance can be found under certain conditions even though the gravity of the harm is outweighed by the utility of the conduct. The Idaho Supreme Court granted Double R’s petition for review.

Rule of Law

Issue

Holding and Reasoning (Bakes, J.)

Dissent (Bistline, J.)

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