KNAPP v. SIMMONS

No. 83-256.

345 N.W.2d 118 (1984)

Richard G. KNAPP, Jr., Appellant, v. David P. SIMMONS, Appellee.

Supreme Court of Iowa.

February 15, 1984.


Attorney(s) appearing for the Case

George W. Wittgraf of McDonald, Sayre & Wittgraf, Cherokee, for appellant.

J.R. Miller of Miller, Miller, Miller & Green, Cherokee, for appellee.

Considered by HARRIS, P.J., and McGIVERIN, LARSON, SCHULTZ and CARTER, JJ.


SCHULTZ, Justice.

Plaintiff, Richard G. Knapp, Jr., appeals from the district court's grant of summary judgment to defendant, David A. Simmons, in a tort action arising from the poisoning of his cattle on land leased from the defendant. Because we determine that trial court erred in granting summary judgment, we reverse.

The facts developed in the district court proceedings are uncomplicated. Sometime in October of 1979, Simmons entered into an oral lease...

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