Fred Zoss, Plaintiff and Appellee v. Doug Schaefers, Defendant and Appellant

Summary

The South Dakota Supreme Court affirmed the denial of summary judgment in a livestock-trespass action. It held that the applicable limitations statute was ambiguous and that, under the longer available limitations period, Zoss timely filed suit within one year after the trespass. The court therefore declined to bar the action based on Zoss's failure to sue within six months after discovering the crop damage.