Zoss v. Schaefers

KONENKAMP, Justice.

[¶ 1.] Doug Schaefers appeals the denial of his motion for summary judgment in a livestock trespass action. We affirm.

FACTS

[¶ 2.] Fred Zoss owns twenty-five acres of land in rural Sanborn County, South Dakota, that was planted as a pumpkin patch in the summer of 1996. On August 22, 1996, some of Schaefers’ cattle trespassed onto the property, damaging the pumpkin crop. Zoss discovered the trespass that August and the extent of the damage by mid-September. After attempting to negotiate with Schaefers’ insurer, Zoss brought suit against Schaefers with service of a summons and…