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HERBST v. BOTHOF DAIRIES, INC.

No. 16084.

719 P.2d 1231 (1986)

110 Idaho 971

Bob HERBST, Sue Herbst, Allan McGinnis, Elizabeth McGinnis, Lydia A. Liggett and Food Formulations International, Inc., Plaintiffs-Respondents, v. BOTHOF DAIRIES, INC., Defendant-Appellant, and Gary D. Bothof and Gertrude E. Bothof, and Wall-Grin, Inc., Defendants,

Court of Appeals of Idaho.

May 30, 1986.

Attorney(s) appearing for the Case

Brent T. Robinson (argued), and David W. Haley, Ling, Nielsen & Robinson, Rupert, for defendant-appellant.

John J. Healzer, Jerome, for plaintiffs-respondents.

BURNETT, Judge.

This is a lawsuit filed by cattle owners who leased their livestock to a dairy. The owners claimed and a jury found that the cattle had been furnished inadequate care, reducing their market value. Although damages were awarded against an agent of the dairy, the jury made no finding of liability against the dairy itself. However, the district court entered judgment n.o.v., extending liability to the dairy as well.

On appeal the primary issue...

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