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MILLER v. CARNATION CO.

No. 75-687.

564 P.2d 127 (1977)

H. J. MILLER and Sondra Miller, Plaintiffs-Appellees, v. CARNATION COMPANY, a Delaware Corporation, and Albers Milling Company, a Delaware Corporation, a division thereof, d/b/a Brighton Egg Company, Defendants-Appellants.

Colorado Court of Appeals, Div. III.

Rehearing Denied March 3, 1977.

Certiorari Denied May 16, 1977.

Attorney(s) appearing for the Case

Carrigan & Bragg, P. C., Douglas E. Bragg, Denver, for plaintiffs-appellees.

Davis, Graham & Stubbs, Robert H. Harry, L. Richard Freese, Denver, for defendants-appellants.

KELLY, Judge.

The Carnation Company appeals from an adverse judgment entered on a verdict in favor of the plaintiffs, Harry and Sondra Miller, for damages for trespass and nuisance arising out of the operation of the Brighton Egg Company, a poultry ranch owned by Carnation. The jury returned a special verdict awarding $101,748 in compensatory damages, which the trial court later remitted to $85,748. The jury also awarded $300,000 in exemplary damages. Carnation does...

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