Pennoyer v. Allen
Wisconsin Supreme Court
APPEAL from the Circuit Court for Kenosha County. The case is thus stated by Mr. Justice Cassoday : “ This is an action to recover damages accruing to the plaintiffs between September 11, 1873, and January 1, 1878, by reason of the maintenance of a tannery, alleged to have been a nuisance, by the defendants, adjacent to the water-cure establishment of the plaintiffs in Kenosha, and for the abatement of such nuisance.
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APPEAL from the Circuit Court for Kenosha County. The case is thus stated by Mr. Justice Cassoday : “ This is an action to recover damages accruing to the plaintiffs between September 11, 1873, and January 1, 1878, by reason of the maintenance of a tannery, alleged to have been a nuisance, by the defendants, adjacent to the water-cure establishment of the plaintiffs in Kenosha, and for the abatement of such nuisance. The answer, among other things, set up a prior action by one of the plaintiffs against one of the defendants, and the settlement thereof, September 24, 1867, whereby such…
1Opinion of the CourtOa'ssoday, J.
The order sustaining the demurrer to the equitable counterclaim was affirmed by this coux-t in 5.0 Wis., .308, for the reasons there given. A similar ruling was made in a similar action in favor of the same plaintiffs, and against these defendants and another, in 51 Wis., 360, for the-reasons there given. We do not think that the settlement of September 24, 1867, is a bar to this action, especially as the defendants have since that time, as shown by the undisputed evidence, and, in effect, found by the jury, made several enlargements to their tannery, and each in the direction of the…
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