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JOST v. DAIRYLAND POWER COOPERATIVE

No. 135.

45 Wis.2d 164 (1969)

172 N.W.2d 647

JOST and others, Respondents, v. DAIRYLAND POWER COOPERATIVE, Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Hale, Skemp, Hanson, Schnurrer & Skemp and T. H. Skemp, all of La Crosse, and oral argument by Quincy H. Hale.

For the respondents there was a brief by Fugina, Kostner, Ward, Kostner & Galstad and La Vern G. Kostner and William N. Koslo, all of Arcadia, and oral argument by La Vern G. Kostner.

HEFFERNAN, J.

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...

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