Madsen v. East Jordan Irrigation Co.

101 Utah 552, 125 P.2d 794 (1942)

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Nature of the Case

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Facts

East Jordan Irrigation Co. (D) was repairing its canal. In doing so, it used explosives. These explosives caused vibrations and noises. Madsen (P) owned the Madsen Mink Farm. Mink are very excitable. When D set off the explosions, 108 of P's mink became frightened and killed 230 of their offspring. P claims that each mink was worth $25, and sued D for $5,750 in damages. D filed a general demurrer to the complaint. This demurrer was sustained, and P was given five days to amend. P failed to amend, and judgment was entered for D. P appealed.