VOGEL V. GRANT-LAFAYETTE ELECTRIC COOPERATIVE
548 N.W.2d 829 (1996)
NATURE OF THE CASE: Vogel (P) challenged the decision of the Court of Appeals reversing
in part a judgment in their favor for damages caused by stray voltage from electricity
distributed by Grant (D) and directing the trial court to strike the damages awarded for
annoyance and inconvenience attributed to nuisance. Ps had filed suit against D on theories
of negligence and nuisance.
FACTS: The Vogels (P) were dairy farmers and members of D, a cooperative association that
distributed electricity to its members. Shortly after building a new milking facility in
1970, Ps noticed problems with their herd. Milk production declined and finally they
discovered that the problems were associated with stray voltage. D responded and built an
isolator and the behavior of the herd began to improve immediately. In 1992, P filed suit
against D for negligence and nuisance. D denied these allegations and alleged that P was
contributorily negligent in the design, maintenance, and operation of their electrical
equipment. The jury gave the verdict to P and found that Ps were one third causally
negligent. A verdict for $200,000 was entered and D appealed; stray voltage cannot be a
nuisance and P appealed contending that an intentional tort was committed and that was not
subject to offsets for contributory negligence. The appeals court found that the trial court
erred in submitting the nuisance claim to the jury.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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