Price v. Oakfield Highland Creamery Co.
Wisconsin Supreme Court
APPEAL from the Circuit Court for Fond du Lao County. This action was commenced September 27, 1892, to restrain the defendant from throwing out any of its waste matter, consisting of whey, buttermilk, washings, slops, or other foul matter, anywhere about its premises, so as to run upon the plaintiff’s adjoining lands, and to abate the same as a nuisance, and for damages, with costs and disbursements. The complaint contains the usual allegations in such cases.
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APPEAL from the Circuit Court for Fond du Lao County. This action was commenced September 27, 1892, to restrain the defendant from throwing out any of its waste matter, consisting of whey, buttermilk, washings, slops, or other foul matter, anywhere about its premises, so as to run upon the plaintiff’s adjoining lands, and to abate the same as a nuisance, and for damages, with costs and disbursements. The complaint contains the usual allegations in such cases. The defendant answered by way of admissions, denials, and counter allegations. At the close of the trial the court found as matters of…
1Opinion of the CourtCassoday, J.
The plaintiff’s land runs along on the north side of the highway. His residence is on the southeast corner of his land. The defendant’s creamery is situated just south of the highway, and nearly opposite the plaintiff’s residence. Near the creamery the defendant constructed a well or cesspool, into which the waste matter from the creamery was caused to flow. The bed rock of *540that cesspool appears to have been more elevated than the bed rock of the plaintiff’s well. The result was that the waste matter from the cesspool percolated through the soil, and passed into the plaintiff’s well, and…
2Cases cited7 opinions
- Pennoyer v. AllenWisconsin Supreme Court · 1883
- Lockwood Co. v. LawrenceSupreme Judicial Court of Maine · 1885
- Stadler v. GriebenWisconsin Supreme Court · 1884
- McGenness v. Adriatic MillsMassachusetts Supreme Judicial Court · 1874
- Harris v. MackintoshMassachusetts Supreme Judicial Court · 1882
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hasslinger v. Village of HartlandWisconsin Supreme Court · 1940
- Bell v. Wayne United Gas Co.West Virginia Supreme Court · 1935
- Canadian Pacific Ltd. v. Omark-Prentice Hydraulics, Inc.Court of Appeals of Wisconsin · 1978
- Joyce v. Village of JanesvilleSupreme Court of Minnesota · 1916
- McCann v. StrangWisconsin Supreme Court · 1897
3 more not listed; retrieve them via the Exa API.