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COX v. STOLWORTHY

No. 10906.

496 P.2d 682 (1972)

94 Idaho 683

Clinton COX and Roger D. Cox, Plaintiffs-Respondents, v. Lloyd STOLWORTHY, Defendant-Appellant.

Supreme Court of Idaho.

April 27, 1972.

Attorney(s) appearing for the Case

Arthur L. Smith of Albaugh, Bloem, Smith & Pike, Idaho Falls, for defendant-appellant.

Willis B. Benjamin, of St. Clair, St. Clair, Hiller & Benjamin, Idaho Falls, for plaintiffs-respondents.

McFADDEN, Justice.

Plaintiffs-respondents Clinton Cox and Roger D. Cox, father and son, instituted this action against defendant-appellant Lloyd Stolworthy, seeking compensatory and punitive damages for trespass upon premises held by the Coxes under a lease from the State of Idaho. In their complaint the plaintiffs alleged wilful and malicious trespass by the defendant in bulldozing about half a mile of road through the premises and in destruction of a fence; they...

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