Supreme Court of Wisconsin
160 N.W. 1039 (Wis. 1917)
Clark (plaintiff) owned land next to a farm operated by Wambold (defendant). Clark purchased the land in 1905, and uses it for a summer residence. Since well before 1905, Wambold has kept several pigs in a pen that is on his property but located close to Clark’s property. Wambold’s pigs are kept as clean and sanitary as can reasonably be expected, but still cause odors that drift onto Clark’s property. Clark finds the odors to be very offensive. Clark brought suit to enjoin Wambold from keeping the pigs on his property. The trial court found that the odors were no greater than those that exist around well-kept pig pens, and that such odors would not materially interfere with the enjoyment of Clark’s land or the use of the land by people of ordinary sensibilities. The court dismissed Clark’s complaint. Clark appealed.
Rule of Law
Holding and Reasoning (Winslow, C.J.)
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