Collins v. Barker

[¶ 1.] Neil E. Collins and Sharon K. Collins (Collins) brought an action against James Barker (Barker) claiming that weeds from his adjacent land blew onto their property causing damage to their fences, water supply and tree belt. Collins’ claim was based on theories of negligence, nuisance and trespass. The trial court ruled in favor of Barker. Collins appeal. We reverse.

Facts

[¶2.] Collins own a 160-acre farm in Butte County, South Dakota. The farm is surrounded on all sides by Barker’s property. The Collins reside on the property and raise horses for commercial purposes. Since their…