The Pardues owned land used for a commercial horse breeding operation. Some neighbors raised turkeys on contract for Perdue Farms.
After 10 years, a farm was cited for improper handling of turkey manure, as it contaminated a creek. The Pardues had a large number of foal deaths, so they fenced off the creek that had been contaminated and gave the horses other water. The foal losses continued for another five years. The Pardues sued Perdue Farms for nuisance for improper management of its turkey growers, holding it responsible for the high death rate of foals.Do they have a case? [Pardue v. Perdue Farms, 925 N.E. 482, Ct. App., Ind. (2010)]