(Download) "Bernard J. Archer v. Shields Lumber Co." by Supreme Court of Idaho No. 9579 # eBook PDF Kindle ePub Free
eBook details
- Title: Bernard J. Archer v. Shields Lumber Co.
- Author : Supreme Court of Idaho No. 9579
- Release Date : January 22, 1967
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Respondents brought this action jointly as owners of certain tracts of real property situated adjacent to appellant's sawmill. They alleged that appellant's dry kiln and burner had been negligently and carelessly equipped with a semi-spherical top-screen from January 1, 1961, to the date of this action (November 20, 1963), thereby emitting burning debris, soot, smoke, and partly-burned sawdust which was carried onto their land by prevailing winds. They also alleged that this debris constantly seeped into their residences and covered their porches, lawns and truck gardens, spoiling all leafy vegetables growing therein and causing plaintiffs substantial and continued annoyance, harassment and extra cleaning work. Furthermore, they complained that these burning embers have caused them continued and justifiable apprehension and fear that a fire would ensue as a result. Respondents Archers alleged separately that appellant's employees were forced to trespass onto their property to relieve themselves because appellant had failed to supply adequate sanitary facilities, thereby contaminating a certain spring or small well located upon their property, such well being the only source of Archers' domestic water supply. They further alleged this practice was known, or should have been known with the exercise of reasonable diligence, to appellant, and proximately caused them damages estimated at $10,000.
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