Koseris v. JR Simplot Company

SMITH, Justice.

Respondents instituted this action seeking monetary damages against appellants, hereinafter called Simplot Company, allegedly caused by the operation of a chemical fertilizer plant, and for injunctive relief. After commencement of the trial, respondents waived all claims for damages, which left for decision only the question of injunctive relief.

Respondents, continuously from the year 1941, to the time of the trial (during November, 1957), were the owners of a two-acre tract situate some six to seven miles westerly from Pocatello, in Power County, on the north side of U. S.…