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however, boarders in the house at that location, and Mr. Deitch's
brother, who helped him on the farm, lived on Simmons Road in the
"Summer house". As the Simmons Road location was somewhat
isolated and Mr. Deitch and his brother had animals, tools, and
equipment that they needed to keep secure, there was an
understanding that the tenants would keep an eye on the farm for
Mr. Deitch and let him know if they saw someone come onto the
property.
Mr. Deitch lived nearby in a house on Deitch Mill Road. His
farm on Deitch Mill Road was used to keep dairy cows. According
to Mrs. Truskowsky, she "didn't actually go there very often".
The Agreement
Mr. Deitch had an oral agreement with petitioners to board
their animals in the sheltered barn and pasture paddocks, and to
feed and "care" for their animals for $1 per day, per head of
cattle. The agreement continued for about 2-1/2 years, from
Spring of 1995 until February of 1998. The number of animals
boarded varied from week to week and month to month from about 15
to 20 head. Mr. Dietch fed the cattle twice a day. They were
fed silage hay and supplemental grain, some of which was grown by
Mr. Deitch on his farm. Through the daily contact for feeding,
the animals were observed for general health and veterinary
needs. If Mr. Deitch detected problems that were not too
complicated, he gave them any needed shots or other treatment.
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Last modified: May 25, 2011