Legal Opinion · Dissent

Hall v. Umiker

South Dakota Supreme Court

Decided July 12, 1973No. File 10946Published

1DissentHanson, Justice

The jury was allowed to award, as damages, the difference between the market value of plaintiff’s registered Angus breeding stock before and after they were serviced by defendant’s Hereford bull.

*367In my opinion this was an improper measure of damages. The record does not disclose that any of plaintiff’s heifers and cows were harmed, injured, or damaged by the amorous activities of defendant’s bull. Therefore, the damages allowable should have been confined to the difference in value of the 1967 mixed bred calves which could not be registered as purebred Angus. Belau v. Buss, 48 S.D. 595, 205…

2Cases cited2 opinions

  1. Kopplin v. QuadeWisconsin Supreme Court · 1911
  2. Belau v. BussSouth Dakota Supreme Court · 1925

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