Carpenter v. The Double R. Cattle Co., Inc. Idaho Sup. Ct.,

108 Idaho 602, 701 P.2d 222 (1985)

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Nature of the Case

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Facts

Carpenter (Ps) are homeowners who live near a cattle feedlot owned and operated by D. Ps filed a complaint alleging that the feedlot had been expanded in 1977 to accommodate the feeding of approximately 9,000 cattle. Ps further alleged that 'the spread and accumulation of manure, pollution of river and groundwater, odor, insect infestation, increased concentration of birds, . . . dust and noise' allegedly caused by the feedlot constituted a nuisance. A jury found that the feedlot did not constitute a nuisance. The trial court then also made findings and conclusions that the feedlot did not constitute a nuisance. Ps assigned as error the jury instructions which instructed the jury that in the determination of whether a nuisance exists consideration should be given to such factors as community interest, utility of conduct, business standards and practices, gravity of harm caused, and the circumstances surrounding the parties' movement to their locations. The Court of Appeals which reversed and remanded for a new trial. The basis for this reversal was that the trial court did not give a jury instruction based upon subsection (b) of Section 826 of the Restatement (Second) of Torts. That subsection allows for a finding of a nuisance even though the gravity of harm is outweighed by the utility of the conduct if the harm is 'serious' and the payment of damages is 'feasible' without forcing the business to discontinue. D appealed.