Brief Fact Summary. The Plaintiffs-Appellants, Adrian Carpenter, Ruth Carpenter and others (Plaintiffs), brought suit against the Defendants-Respondents, the Double R. Cattle Company, Inc. and others (Defendants), claiming that the operation of its cattle feedlot constituted a nuisance. Defendants prevailed at the trial level and the Appellate Court reversed based on a new subsection of the Restatement allowing for damages when the harm is serious and payment is feasible.
Synopsis of Rule of Law. Idaho law does not follow subsection b of the Restatement allowing for the payment of damages when the gravity of the harm is outweighed by the utility of the conduct, yet the harm is serious and the payment is feasible without forcing discontinuation of the business.
Issue. Did the trial court err by not giving a jury instruction based on the new subsection of the Restatement?
Held. No. Judgment of the District Court is affirmed.
* The new subsection of the Restatement does not represent the law in Idaho. The Appellate Court’s decision was based on language in our decision in Koseris v. J.R. Simplot Co., 82 Idaho 263, 352 P.2d 235 (1960). However, this language was clearly dictum. Idaho’s economy depends on the benefits of agriculture, lumber, mining, and industrial development. To do away with the utility of conduct and other factors would place an unreasonable burden on these industries.
It traditionally required that, after a balancing of risk-utility considerations, the gravity of the harm to a plaintiff be found to outweigh the social usefulness of a defendant's activity.View Full Point of Law