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ZOSS v. SCHAEFERS

No. 20637.

598 N.W.2d 550 (1999)

1999 SD 105

Fred ZOSS, Plaintiff and Appellee, v. Doug SCHAEFERS, Defendant and Appellant.

Supreme Court of South Dakota.

Decided August 4, 1999.

Attorney(s) appearing for the Case

Patrick Pardy of Mumford, Protsch & Pardy, Howard, for plaintiff and appellee.

Larry M. Vonwald and Linden R. Evans of Truhe, Beardsley, Jensen, Helmers & VonWald, Rapid City, for defendant and appellant.

KONENKAMP, Justice.

[¶ 1.] Doug Schaefers appeals the denial of his motion for summary judgment in a livestock trespass action. We affirm.

FACTS

[¶ 2.] Fred Zoss owns twenty-five acres of land in rural Sanborn County, South Dakota, that was planted as a pumpkin patch in the summer of 1996. On August 22, 1996, some of Schaefers' cattle trespassed onto the property, damaging the pumpkin crop. Zoss discovered the trespass that August and the...

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