Krug v. Koriel

PlERRON, J.:

Ivan D. Krug and Aleta Crabtree (hereinafter Krug) appeal the district court’s granting of summary judgment in favor of John Koriel. The court held that Koriel had no legal duty to control the volunteer wheat on his land to prevent the spread of the wheat streak mosaic virus and, in any event, there was insufficient evidence to establish that Koriel’s fields were the source of the infestation.

Krug owns the northeast quarter of Section 17, Township 18 South, Range 18 West of the 6th P.M., Rush County. Crabtree owns the southwest quarter of Section 5, Township 18 South, Range 18…