Philip Mowrer, as Administrator of the Estate of Estelle Lowe, Deceased v. Ashland Oil & Refining Co., Inc.

TONE, Circuit Judge.

In this diversity case arising under Indiana law, the issue presented is whether a business conducting, without negligence, an activity authorized by statute and approved by the appropriate state regulatory agency can be liable under a theory of nuisance for damage to adjacent property when the plaintiff 1 may be chargeable with contributory negligence. Most of the facts are stipulated, although the .plaintiff’s case at trial included two days of evidence, defendant choosing not to put on a case. The jury returned a verdict for plaintiff in the amount of $12,000, upon…