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COLLINS v. BARKER

No. 22524.

668 N.W.2d 548 (2003)

2003 SD 100

Neil E. COLLINS and Sharon K. Collins, Plaintiffs and Appellants, v. James BARKER, Defendant and Appellee.

Supreme Court of South Dakota.

Decided August 13, 2003.

Attorney(s) appearing for the Case

Kenneth E. Barker, John W. Burke of Barker, Wilson, Reynolds & Burke, Belle Fourche, South Dakota, Attorneys for plaintiffs and appellants.

Gregory J. Erlandson of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, South Dakota, Attorneys for defendant and appellee.

MEIERHENRY, Justice

[¶ 1.] Neil E. Collins and Sharon K. Collins (Collins) brought an action against James Barker (Barker) claiming that weeds from his adjacent land blew onto their property causing damage to their fences, water supply and tree belt. Collins' claim was based on theories of negligence, nuisance and trespass. The trial court ruled in favor of Barker. Collins appeal. We reverse.

Facts

[¶ 2.] Collins own a 160-acre farm in...

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