Summit View, Inc. v. W. W. Clyde & Co.

Utah Supreme Court

Summit View, Inc. v. W. W. Clyde & Co.

403 P.2d 919, 17 Utah 2d 26, 1965 Utah LEXIS 438

CourtUtah Supreme Court

DecidedJuly 12, 1965

DocketNo. 10139

StatusPublished

This text of 403 P.2d 919 (Summit View, Inc. v. W. W. Clyde & Co.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Summit View, Inc. v. W. W. Clyde & Co., 403 P.2d 919, 17 Utah 2d 26, 1965 Utah LEXIS 438 (Utah 1965).

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Opinion

HENRIOD, Chief Justice.

Appeal from a non-jury damage judgment for loss of mink because of noise engendered by defendant’s heavy equipment. Affirmed with costs to plaintiff.

Several points on appeal were urged, only one of which we consider canvassable here, i. e., insufficiency of evidence.

Plaintiff had a mink facility near a highway which was being constructed by defendant under a state contract.

. Mink are strange in that once a year between March 1 and June 1, noises produce miscarriages or maternal destruction of the hoped-for youngsters.

The basis of this complaint is that defendant knew of these propensities, but deliberately and negligently parked and operated its equipment next door to the mink sheds when it could have done it elsewhere, without interrupting the motherly pre-natal processes.

Perhaps being not as expertise as the trial court in matters flora and fauna, nonetheless we believe that the voluminous rec[27]*27ord here reflects sufficient competent, believable evidence to support the trial court’s concern about mink and the plaintiff’s concern about his monetary loss. The evidence was enough to conclude that defendant had knowledge of the sensitivities of these raiment producers, having been apprised thereof about a year before on another job and on this job which easily should have warned it to park and operate its heavy equipment elsewhere when the evidence discloses that conveniently it could have done so.¹

McDonough, crockett, wade, and CALLISTER, JJ., concur.

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HENRIOD, Chief Justice.

Appeal from a non-jury damage judgment for loss of mink because of noise engendered by defendant’s heavy equipment. Affirmed with costs to plaintiff.

Several points on appeal were urged, only one of which we consider canvassable here, i. e., insufficiency of evidence.

Plaintiff had a mink facility near a highway which was being constructed by defendant under a state contract.

. Mink are strange in that once a year between March 1 and June 1, noises produce miscarriages or maternal destruction of the hoped-for youngsters.

The basis of this complaint is that defendant knew of these propensities, but deliberately and negligently parked and operated its equipment next door to the mink sheds when it could have done it elsewhere, without interrupting the motherly pre-natal processes.

Perhaps being not as expertise as the trial court in matters flora and fauna, nonetheless we believe that the voluminous rec[27]*27ord here reflects sufficient competent, believable evidence to support the trial court’s concern about mink and the plaintiff’s concern about his monetary loss. The evidence was enough to conclude that defendant had knowledge of the sensitivities of these raiment producers, having been apprised thereof about a year before on another job and on this job which easily should have warned it to park and operate its heavy equipment elsewhere when the evidence discloses that conveniently it could have done so.¹

McDonough, crockett, wade, and CALLISTER, JJ., concur.

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403 P.2d 919, 17 Utah 2d 26, 1965 Utah LEXIS 438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summit-view-inc-v-w-w-clyde-co-utah-1965.

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