State of North Dakota v. Dickinson Cheese Co., Inc.

200 N.W.2d 59 (1972)

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State of North Dakota v. Dickinson Cheese Co., Inc.

North Dakota Supreme Court
200 N.W.2d 59 (1972)

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  • Written by Sean Carroll, JD

Facts

Dickinson Cheese Company (defendant) discharged whey into the Heart River as part of its cheese-making process. The North Dakota State Game and Fish Department (plaintiff) brought a civil action against Dickinson, alleging that the discharge had killed thousands of fish. The department sought monetary and exemplary damages. The trial court dismissed the complaint for failure to state a claim on which relief can be granted, ruling that the department did not have a property interest in the fish sufficient to bring such a claim. The department appealed.

Rule of Law

Issue

Holding and Reasoning (Strutz, J.)

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Casebooks

Property

Key Terms

  • Exemplary DamagesAlso referred to as punitive damages, awarded, in addition to compensatory damages, to a plaintiff for the willful or grossly reckless acts of a defendant.
  • Ferae NaturaeWild animals.

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