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Trespass Case Study

161 Words1 Pages
Plaintiffs Paul and Verla Martin (the “Martins”) sued Defendant Reynolds Metal Co. (“Reynolds”) for damage to their land caused by invisible fluoride compounds that settled on their land from a nearby aluminum reduction plant run by Reynolds. The damage rendered the land unfit for raising livestock during the period from August 22, 1951 to January 1, 1956. The trial court awarded damages for that period from August 22, 1951 to January 1, 1956, a 4 and 1/2 year period, permissible under a trespass claim’s 6 year statute of limitations, in contrast to the 2 years of damages that would have been permitted under a nuisance claim’s 2 year statute of limitations’ period. Reynolds appealed on the issue of trespass. RULE OF LAW: A trespass is an
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