Valley View Dairy Farm.
Valley View Dairy Farm. Supreme Court of Rhode Island. This is a Superior Court civil action in which the plaintiffs, Herbert H. Weida and his wife, Claire M. Weida the Weidassought equitable relief and monetary damages from the defendant, John Ferry, Jr.
Ferrybecause of an alleged nuisance that had its roots in the manner Ferry operated a dairy farm. Since Ferry ceased his dairy operations in Augustwe are concerned solely with the Weidas' claim for money damages and what occurred when this claim was tried before a jury in the Superior Court's Newport County Courthouse.
The jury returned a verdict for Ferry. Thereafter, the trial justice denied the Weidas' motion for a new trial. This appeal then ensued. In June the Weidas purchased a single-family residence located in the town of Middletown at 1 Wedgewood Drive.
The wife worked as a catalog clerk for Sears Roebuck and Co. At trial time the Weidas were Single manner weida parents of five children and the grandparents of eight children.
They took occupancy of their new residence in September A stone wall that ran along the dividing line between the Weida property and the farm that Ferry leased was about forty feet from the Weidas' home. The farm's feed lot was situated close by the wall.
Ferry defined a "feed lot" as an area in which there was built a cement trough called a bunk feeder. Each day a truck would drive alongside the feeder, grain would be dumped into the feeder, and "the cows would eat the feed. The Weidas apparently enjoyed the bucolic beauty of Ferry's enterprise until the spring of arrived.
Then the temperatures began to rise. The fact that the herd's digestive tracts were transferring feed into a product known as manure became more evident. It was at this point that the flies arrived on the scene. Weida testified, "We just were bombarded with flies. We just had flies, flies, and more flies.
Weida, there were fly marks everywhere — on the drapes, the bathrooms, the woodwork, and the walls.
The flies were biters, and in Mrs. Weida's words, "They hurt when they bite. The flies would make their appearance in the spring and remain in the area until well into the fall, sometimes as late as Thanksgiving.
Once the cold weather came, living at the Weida household became much more bearable.
A long-time member of the faculty of the University of Rhode Island, a specialist in pest control who also worked in cooperation with the State's Department of Environmental Management, identified the flies as "calcitrons" [sic] or "stable flies. He described the outside of the house as totally spotted and explained that "no fly can live in any situation without having something come out of the back end, and those flies were no exception.
On his initial visit to the Ferry farm, he was shocked because the area was a study in contradictions. The barn was absolutely clean, but the exterior of the premises was dirty. He classified the exterior condition as "one of the messier ones that I have seen. As a result of his inspection, he recommended that Ferry use a pesticide known as Rabon, to be applied in proper solution with water, in the feed-lot area while the cattle were in the barn.
Such action, he said, would reduce the propagation rate. This witness also recommended the use of a spring-tooth harrow to break up the ground in the feed lot. This procedure, in the witness's opinion, would have prevented the multiplication of the flies because their eggs would not hatch.
A real estate agent who examined the Weidas' property in the fall of reported that he had observed an extremely heavy residue on the exterior of the house and garage and also in various places in the interior of the house. He expressed the belief that until the problem was eradicated, the house couldn't be sold.
This figure included the cost of preparation of the exterior surface. Ferry testified concerning the measures he had taken to combat the flies, which measures included spraying the cows with an insecticide, an electrified fly zapper which was situated in the barn, and a "back oiler.ABSTRACT: Public opinion survey responses regarding the desirability of changes in defense spending can be compressed into a single variable, the public opinion balance, which, when accompanied by a control variable measuring the proportion of responses in the 'residuum' (no opinion or keep the status quo), permits an accurate prediction of subsequent changes in the rate of change of U.S.
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