Slight v. Gutzlaff
Wisconsin Supreme Court
APPEAL from the Circuit Court for Dodge County. Action commenced in justice’s court to recover .damages alleged by plaintiff to have been suffered by him through the maintenance of certain lime-kilns by defendant, and the burning of lime therein, upon lands adjoining plaintiff’s residence, in consequence of which noxious and noisome gases, vapors, smoke and cinders were carried over upon plaintiff’s premises, to his great annoyance and detriment. Answer, a general denial.
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APPEAL from the Circuit Court for Dodge County. Action commenced in justice’s court to recover .damages alleged by plaintiff to have been suffered by him through the maintenance of certain lime-kilns by defendant, and the burning of lime therein, upon lands adjoining plaintiff’s residence, in consequence of which noxious and noisome gases, vapors, smoke and cinders were carried over upon plaintiff’s premises, to his great annoyance and detriment. Answer, a general denial. From a judgment for'the defendant, plaintiff appealed to the county court of Dodge county; and the venue was then changed…
1Opinion of the CourtRyAN, C. J.
The appellant is lessee of lime kilns, erected and used by his lessor before the demise, near the dwelling of 'the respondent, in a lime-burning locality. And the action is for erecting and maintaining the kilns, as a private nuisance.
Lime-burning is one of many lawful and necessary processes which may become a nuisance. Whether one can establish his *677abode amongst lime-kilns, and abate them all except his own, as nuisances (Rex v. Neville, Peake, 91; Rex v. Watts, 1 Moody & Malk., 273; Baneford v. Turnley, 3 Best & S., 62; Tipping v. Smelting Co., 4 id., 608; Huckenstine's Appeal, 70 Pa. St.,…
2Cases cited4 opinions
- Grisby v. Clear Lake Water Works Co.California Supreme Court · 1870
- Caldwell v. GaleMichigan Supreme Court · 1862
- West v. Louisville, Cincinnati & Lexington RailroadCourt of Appeals of Kentucky · 1871
- Thornton v. SmithSupreme Court of Minnesota · 1865
3Cited by14 opinions
- Drake v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1884
- In re EldredWisconsin Supreme Court · 1879
- Groff v. AnkenbrandtIllinois Supreme Court · 1888
- City of Valparaiso v. BozarthIndiana Supreme Court · 1899
- Bixby v. ThurberSupreme Court of New Hampshire · 1922
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