Jarvis v. Koss

This is an appeal by the defendant from a small claims court judgment in the amount of $150.00. Plaintiff claimed, and the trial court found, that the defendant’s pigs trespassed on plaintiff’s adjoining land and damaged plaintiff’s alfalfa crop by rooting up the seeding.

Defendant argues that the findings of fact and conclusions of law are not supported by the evidence, and that the trial court erred in taking judicial notice that pigs are rooting animals.

Findings of fact challenged on appeal are not to be set aside unless, taking the evidence in the light most favorable to the prevailing…