Knapp v. Simmons

SCHULTZ, Justice.

„ Plaintiff, Richard G. Knapp, Jr., appeals from the district court’s grant of summary judgment to defendant, David A. Simmons, in a tort action arising from the poisoning of his cattle on land leased from the defendant. Because we determine that trial court erred in granting summary judgment, we reverse.

The facts developed in the district court proceedings are uncomplicated. Sometime in October of 1979, Simmons entered into an oral lease with Knapp allowing plaintiff to graze his cattle on defendant’s cornstalks. Under this agreement, Knapp paid $2.50 per acre for an…