JOST V. DAIRYLAND POWER COOPERATIVE
45 Wis. 2d 164 (1969)
NATURE OF THE CASE: This was an action in nuisance.
FACTS: Jost (P) owned a farm located on the bluffs of the Mississippi. In 1947, D erected
a coal burning electric power plant. By 1967 the consumption of high sulfur content coal had
increased from 300 to 1,670 tons per day. This resulted in a discharge of 90 tons of sulfur
dioxide gas each day. This gas settled on the fields and caused severe damage to the
ecosystem of P's farm. Judgment as a matter of law was given for P and D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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