Lever v. Wilder Mobile Homes, Inc.

Shaw, Judge:

Respondent Vernon Lever brought this action against Wilder Mobile Homes, Inc., for trespass and nuisance, alleging Wilder improperly maintained its sewage treatment lagoon. Lever complained the lagoon emitted offensive odors and leaked sewage that ran six hundred feet downhill into his fish pond, polluting the pond and killing the fish. The jury returned a verdict for Lever for $10,000 actual and $5,000 punitive damages. We affirm.

When a legal action tried by a jury is appealed, this court can correct errors of law; however, the court will not disturb a factual finding by the jury…