Kellogg v. Village of Viola

The village of Viola operated a private nuisance where burning was done at the village dump. John Kellogg, the plaintiff-respondent, operated a mink ranch on land purchased in 1966 from the village and located directly adjacent to the village dump. The village appeals from a jury verdict awarding $10,153 to Kellogg for smoke-caused damage to his mink herd during 1970. On this appeal the village claims that in this action by Kellogg for damages attributable to this private nuisance, the plaintiff is barred from recovery because (1) he came to the nuisance, (2) he made representations to the…