Cox v. Stolworthy

McFADDEN, Justice.

Plaintiffs-respondents Clinton Cox and Roger D. Cox, father and son, instituted this action against defendant-appellant Lloyd Stolworthy, seeking compensatory and punitive damages for trespass upon premises held by the Coxes under a lease from the State of Idaho. In their complaint the plaintiffs alleged wilful and malicious trespass by the defendant in bulldozing about half a mile of road through the premises and in destruction of a fence; they also alleged wilful and malicious trespass by the defendant or his agents in running sheep over the plaintiffs’ property. By his…