Earl v. Clark

RAWLINGS, Justice.

On plaintiffs’ action in equity for relief from an alleged cattle excrement nuisance, trial court granted a permanent injunction and awarded $2000 actual damages. Plaintiffs appeal claiming the damage award was inadequate. By cross-appeal defendant contends no damages should have been allowed. We affirm in part, modify in part on plaintiffs’ appeal, and affirm on defendant’s cross-appeal.

Plaintiffs, Alpharetta Earl, Martha Sor-erison and Russell Earl, as life tenant and remaindermen respectively, possessed the instantly involved 33 acre tract of improved land in Carroll…