Janish v. Murtha

DUNN, Justice.

Plaintiff brought suit in the First Judicial Circuit Court of South Dakota on trespass and negligence causes of action. The matter was submitted to the trial court upon stipulation and briefs of counsel. Plaintiff appeals from the dismissal of both counts of his complaint. We affirm.

Plaintiff owned and operated a farm in Hutchinson County, South Dakota. His primary business was farrowing sows and selling feeder pigs for profit. He alleges, and it is apparently conceded by defendant for purposes of this lawsuit, that one of defendant’s boars entered plaintiff’s property on…