Holman v. Mineral Point Zinc Co.
Wisconsin Supreme Court
Appeal from an order of the circuit court for Iowa county: Geokge Clementsoh, Circuit Judge. This is an appeal from an order overruling a demurrer to the complaint.
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Appeal from an order of the circuit court for Iowa county: Geokge Clementsoh, Circuit Judge. This is an appeal from an order overruling a demurrer to the complaint. The complaint, after stating the incorporation, location, and business of the defendant and the •ownership by the plaintiff of the land therein described and the dwelling situated thereon, alleges in substance: That for sl great many years up to 1901 plaintiff had occupied said property as her dwelling, and that the same, but for facts subsequently alleged, is of the value of $3,000; that the •defendant owns and occupies land…
1Opinion of the CourtBasheoed, J.
This is a statutory action to abate a private nuisance and to recover damages for the injuries thereby occasioned. The gravamen of the complaint is that the defendant has erected a sulphuric acid plant, located in close proximity to plaintiff’s property, which it operates, and that this plant, through its smokestacks and otherwise, emits deleterious acids, fumes, vapors, and substances injurious to-the plaintiff, and which renders her dwelling house, situated upon said property, uninhabitable. The dwelling house had been occupied by the plaintiff and her deceased husband for many years prior…
2Cases cited4 opinions
- Mountain Copper Co. v. United StatesCourt of Appeals for the Ninth Circuit · 1906
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Kinney v. Koopman & GerdesSupreme Court of Alabama · 1896
- Rogers v. John Week Lumber Co.Wisconsin Supreme Court · 1903
3Cited by8 opinions
- Sohns v. JensenWisconsin Supreme Court · 1960
- Jost v. Dairyland Power CooperativeWisconsin Supreme Court · 1969
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
- Harry and Florence Kelley v. Natl. Lead Co.Missouri Court of Appeals · 1948
- Boerschinger v. Elkay Enterprises, Inc.Wisconsin Supreme Court · 1965
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