Krueger v. Mitchell

This is a private nuisance action involving the owners of a private airport and an adjacent landowner-businessman. A jury found that the airport was a nuisance to the adjacent landowner-businessman and awarded him $12,000. The trial court reduced the damages to $3,000, using the Powers rule. The airport owners’ major claim i. that the trial was unfairly prejudicial to them because the original complaint requested only an injunction, not damages. The trial court, however, permitted an amendment of the complaint on the first day of trial. On the other hand, the landowner-businessman claims the…