ARCHER v. SHIELDS LUMBER CO.

No. 9579.

434 P.2d 79 (1967)

Bernard J. ARCHER, Estella A. Archer, Herman A. Flottman, Dorothy Flottman, Elva A. Erickson, Claude A. Hutchins, Plaintiffs-Respondents, v. SHIELDS LUMBER CO., Inc., Defendant-Appellant.

Supreme Court of Idaho.

November 22, 1967.


Attorney(s) appearing for the Case

Fred F. Kondo, Priest River, Stephen Bistline, Sandpoint, for appellant.

Lyons & Hofmeister, Sandpoint, Edmund T. Brigham, Newport, Wash., for respondents.


SPEAR, Justice.

Respondents brought this action jointly as owners of certain tracts of real property situated adjacent to appellant's sawmill. They alleged that appellant's dry kiln and burner had been negligently and carelessly equipped with a semi-spherical top-screen from January 1, 1961, to the date of this action (November 20, 1963), thereby emitting burning debris, soot, smoke, and partly-burned sawdust which was carried onto their land by prevailing winds....

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