Ream v. Keen

Plaintiffs brought this action for damages that allegedly resulted from the drift of smoke to their residential property from field burning operations that defendant conducted on his adjacent property in 1987 and 1988. The damages allegedly consisted of $950 for soot removal from buildings on plaintiffs’ property and $20,000 general damages for physical and emotional distress and interference with the use and enjoyment of the property. Plaintiffs stated alternative claims for intentional trespass and for “strict liability.” The latter claim was based on the theory that field burning is an…