Bastian v. King

STEWART, Justice:

This is an appeal from a trespass action in which the trial court assessed damages against the defendant for injury to plaintiffs’ crops and irrigation pipe caused by the trespass of defendant’s cattle on plaintiffs’ farm land. We affirm as to liability but remand for further findings as to the amount of damages.

In 1979 Bastían leased to Burton 280 acres of farm land in Garfield County, Utah. The land had been uncultivated since 1962. A fence enclosed the land, although it was in a state of disrepair at the time the lease was executed. During the spring and summer of 1979,…