The defendants built a milking facility on thier farm that was 15 feet from the Stickdorns's house.
Question:
The defendants built a milking facility on thier farm that was 15 feet from the Stickdorns's house. When they emptied a manure pit on the farm, which they did many times over several years, the stench of rotten eggs and raw sewerage permeated the plaintiff's home. They became physically ill and a stream that crossed thier property became polluted.
The Stickdorns told defendants how sick they were made and that emptying manure onto snow-covered groud could cause pollution, but the defendants refused to do anything. This remained so even after the state environmental agency advised them that they were polluting and they had to change their practices. The situation became so bad that the Stickdorns had to move out of their house. Eventually the Stickdorns sued for trespass and nuisance.
ISSUE
Could the emptying of the manure pit in such a manner that the runoff and fumes caused injury to the Stickdorn's property and themselves create a trespass and a nuisance?
I - Issue
R - Rule
A - Application
C - Conclusion
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts