Legal Opinion

ALVINE FAMILY LTD. PARTNERSHIP v. Hagemann

South Dakota Supreme Court

Decided March 17, 2010No. 25233PublishedCited by 26 opinions

1Opinion of the Court

ZINTER, Justice.

[¶ 1.] Alvine Family Limited Partnership (Alvine) sued a neighboring landowner and his tenant for, inter alia, negligence, nuisance, and trespass. Alvine alleged that manure from the tenant’s cattle had entered Alvine’s land, causing aquatic plant growth and a fish kill in two stock dams. At the close of the evidence, Alvine moved for judgment as a matter of law on his claim for trespass. The circuit court denied the motion. The jury subsequently returned a defense verdict. Alvine renewed his motion for judgment as a matter of law on the trespass claim, and the circuit court…

2Cases cited21 opinions

  1. Bradley v. American Smelting and Refining Co.Washington Supreme Court · 1985
  2. Dial v. City of O'FallonIllinois Supreme Court · 1980
  3. State v. WillisSouth Dakota Supreme Court · 1985
  4. Shammel v. Canyon Resources Corp.Montana Supreme Court · 2003
  5. Rushing v. Hooper-McDonald, Inc.Supreme Court of Alabama · 1974

16 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Bertelsen v. Allstate Insurance Co.South Dakota Supreme Court · 2013
  2. Magner v. BrinkmanSouth Dakota Supreme Court · 2016
  3. Hass v. WentzlaffSouth Dakota Supreme Court · 2012
  4. Selle v. TozserSouth Dakota Supreme Court · 2010
  5. Christensen v. QuinnDistrict Court, D. South Dakota · 2014

21 more not listed; retrieve them via the Exa API.

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