HARSH v. CURE FEEDERS, L.L.C.

No. 04CA0240.

116 P.3d 1286 (2005)

L.L. HARSH, Plaintiff-Appellant, v. CURE FEEDERS, L.L.C., a Colorado limited liability company, Defendant-Appellee.

Colorado Court of Appeals, Division Five.

June 2, 2005.


Attorney(s) appearing for the Case

Alvin R. Wall, Holyoke, Colorado, for Plaintiff-Appellant.

Roberts Levin Zboyan & Patterson, P.C., Daniel W. Patterson, Jeremy A. Sitcoff, Denver, Colorado, for Defendant-Appellee.


Opinion by Judge ROY.

Plaintiff, L.L. Harsh, appeals the trial court's judgment finding defendant, Cure Feeders, L.L.C., liable, but awarding only $150 for one day of grazing by 500 head of defendant's cattle entering upon plaintiff's land. We reverse and remand for an award for the damages to plaintiff's crops and for additional damages that arose from a fertilizer spill caused by the trespassing cattle.

Plaintiff farmed nine fields irrigated by separate...

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