Spanbauer v. J.R. Simplot Co.

BAKES, Justice.

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…