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Torts Keyed to Prosser
Carpenter v. The Double R Cattle Company, Inc
Facts
The Plaintiffs were homeowners living near the Defendants’ cattle feedlot. The Plaintiffs contend that the feedlot had been expanded to accommodate the feeding of 9,000 cattle and that the accumulation of manure, water pollution, odor, insect infestation, dust and noise caused by the feedlot constituted a nuisance. The jury and trial court made findings, concluding that the feedlot did not constitute a nuisance. The Court of Appeals reversed, based on a new subsection of the Restatement [Restatement (Second) of Torts, Section 826(b)] allowing for a nuisance even when the gravity of harm is outweighed by the utility of the conduct, so long as the harm is serious and the payment of damages is feasible, without forcing the business to discontinue.
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