Anstee v. Monroe Light & Fuel Co.
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Green county: George Grimm, Circuit Judge. Action to abate a nuisance and to recover damages caused by the nuisance.
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Appeal from a judgment of the circuit court for Green county: George Grimm, Circuit Judge. Action to abate a nuisance and to recover damages caused by the nuisance. The defendant operates a gas plant in the city of Monroe, and plaintiff, whose premises, consisting of about twenty acres, are situated a short distance therefrom and below the gas plant, alleges that he has sustained damage by reason of the percolation through his soil of large quantities of industrial waste, consisting of a tarry, oily liquid, which defendant has deposited in a section of an abandoned sewer upon its premises and…
1Opinion of the CourtVinje, J.
As far as the damages resulting from an infiltration of the soil and from a pollution of the well are concerned, they are special to the plaintiff to the extent that he may maintain an action therefor and for an abatement of the nuisance. Clark v. C. & N. W. R. Co. 70 Wis. 593, 36 N. W. 326. It is true that the court found that some twenty other wells in the vicinity were more or less affected by the pollution of the soil; but all such wells were on premises adjacent to Thunder river, the small stream that flowed past the gas plant and through a portion of plaintiff’s premises. The industrial…
2Cases cited5 opinions
- Tilly v. Mitchell & Lewis Co.Wisconsin Supreme Court · 1904
- Stone v. City of OconomowocWisconsin Supreme Court · 1888
- Mahler v. BrumderWisconsin Supreme Court · 1896
- Clark v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Baier v. SchermerhornWisconsin Supreme Court · 1897
3Cited by11 opinions
- Johnson Controls, Inc. v. Employers Insurance of WausauWisconsin Supreme Court · 2003
- General Casualty Co. of Wisconsin v. HillsWisconsin Supreme Court · 1997
- Sohns v. JensenWisconsin Supreme Court · 1960
- City of Edgerton v. General Casualty Co. of WisconsinCourt of Appeals of Wisconsin · 1992
- Costas v. City of Fond Du LacWisconsin Supreme Court · 1964
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