[Download] "John Spanbauer and Marie Spanbauer v. J.R" by Supreme Court of Idaho No. 14705 " eBook PDF Kindle ePub Free
eBook details
- Title: John Spanbauer and Marie Spanbauer v. J.R
- Author : Supreme Court of Idaho No. 14705
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
This action was commenced to recover for injury to respondent Spanbauer's real property, and to a cow/calf operation conducted on the property, allegedly caused by the emission of fluorides from the appellants' phosphate plants. Appellants Simplot and FMC appeal from a judgment based on a jury verdict in favor of Spanbauer which granted $95,545 on the injury to property count, and Spanbauer cross appeals from the trial court's grant of a judgment n.o.v. on the claim of injury to the cattle operation for which the jury had awarded $13,526. We reverse the judgments challenged on both appeals and hold that there is a lack of substantial competent evidence to support the jury's verdict on the injury to property claim, and that the trial court erred in granting a judgment n.o.v. on the cattle operation claim. Simplot and FMC operate separate phosphate plants in the Pocatello area. These plants emit fluorides as a byproduct of phosphate processing. In 1956, after the plants had already begun operation, Spanbauer purchased the land in question here. The Spanbauer family conducted a farming and cattle feeding operation on the land. A few years before 1976, the family began a cow/calf operation on the property. The evidence reflects that to conduct a successful cow/calf operation one must build up a herd by breeding the cattle, in an attempt to breed higher quality cattle for sale. Spanbauer used part of his land to keep and feed the cattle, while using the remainder of his property and many acres of leased property to raise hay and grain for feed.