Jost v. Dairyland Power Cooperative

One of defendant’s principal objections to the judgment is that plaintiffs’ counsel was permitted to proceed until almost the close of his case before electing to rely on a theory of nuisance rather than negligence. Defendant before trial moved that the pleadings be made more definite and certain, apparently on the theory that the complaint purported to allege a cause of action both in negligence and in nuisance, and that plaintiffs must elect to rely on one cause of action or the other. The trial judge declined to order such election. Defendant contends that thereafter plaintiffs offered…