Atkinson v. Herington Cattle Co

In Atkinson v. Herington Cattle Co., 200 Kan. 298, 436 P.2d 816 (Kan. 1968) the Supreme Court of Kansas revisited the question of permanent versus temporary property damage, this time holding that evidence was sufficient to support the lower court's award of permanent damages for injury to a dairy farmer's property where cattle feeding operations discharged contaminants into a creek upstream from the dairy farm and the contaminants percolated into the dairy farm's water well. The court emphasized an expert geologist's testimony that "it would take five years to reduce by one-half the nitrate content in the plaintiff's well and five years more to again reduce it one-half if the stream flow would cease immediately in the creek." The geologist also testified that it would not be feasible to drill another well. Id. at 824.