Jost v. Dairyland Power Cooperative
Wisconsin Supreme Court
172 N.W.2d 647 (1969)
Jost (plaintiff) and other residents living near Alma, Wisconsin, were farmers with lands overlooking the Mississippi River. In 1947, Dairyland Power Cooperative (Dairyland) (defendant) constructed a coal burning electric generating plant near Alma. Sulfur dioxide gas emitted from the plant and settled onto the farmers’ fields causing damage and loss of market value. Jost and the other farmers brought suit in nuisance against Dairyland for the damage caused. At trial, it was shown that the sulphur compounds resulting from the industrial pollution killed pine trees, caused screen doors to rust through rapidly, and made flower growing difficult or impossible. The trial judge entered judgment for Jost and Dairyland appealed.
Rule of Law
Holding and Reasoning (Heffernan, J.)
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