Middlestadt v. Waupaca Starch & Potato Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit.court for Waupaca county: Chas. M. Webb, Circuit Judge. Action brought to restrain the defendant from throwing refuse matter from its starch factory into the Waupaca river, upon the theory that such refuse matter polluted the river and injured the plaintiff as a riparian owner.
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Appeal from a judgment of the circuit.court for Waupaca county: Chas. M. Webb, Circuit Judge. Action brought to restrain the defendant from throwing refuse matter from its starch factory into the Waupaca river, upon the theory that such refuse matter polluted the river and injured the plaintiff as a riparian owner. The court found that plaintiff was, and had been for several years, the owner of lands along the shores of the Waupaca river below defendant’s starch factory, upon which lands he resided with his family; that defendant had operated the factory for several years, during which time…
1Opinion of the CourtMaeshall, J.
It is contended that mere contamination of the water of the Waupaca river so as to injuriously affect the personal comfort of plaintiff and his family, and deprive him of the use of the water of such river for the purpose of watering his stock and for ordinary domestic uses as he could and did before defendant’s wrongful acts, does not constitute a nuisance so long as the evidence does not show any loss of life or health; and plaintiff was a farmer.having but a few head of stock, aud owning the land for only 100 rods *4along the river, and there was no evidence to show that he ever used the…
2Cases cited2 opinions
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Greene v. NunnemacherWisconsin Supreme Court · 1874
3Cited by13 opinions
- Winchell v. City of WaukeshaWisconsin Supreme Court · 1901
- Jack Lewis, Inc. v. Mayor of BaltimoreCourt of Appeals of Maryland · 1933
- Cunningham v. MillerWisconsin Supreme Court · 1922
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- McCann v. StrangWisconsin Supreme Court · 1897
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