Mr. and Mrs. A, who own a farm, notice that their cows are getting sick. They called
veterinarian, who tells them that the cows have ingested large amounts of an insecticide, and
if they continue to do so, they will die. At this point, the As realize that, since their lands
downhill from B, and B is spraying the land with insecticide, B is causing the problem. The
go to see B and explain the problem, asking B to stop spraying or to find an alternative that
not hurt their cows. B becomes indignant and says, "I'm not going to stop spraying. I hate those
stupid cows and I hope they do die.” Eventually, despite the As efforts, the cows die. The AS buy
new cows and sue the Bs, asking for compensatory and punitive damages as well as an
injunction ordering the Bs to permanently stop the spraying.
Discuss the pre-trial steps for this case in the order that they will occur. Describe each
and include any relevant examples from our discussion in class.
