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KELLOGG v. VILLAGE OF VIOLA

No. 233.

67 Wis.2d 345 (1975)

227 N. W. 2d 55

KELLOGG, Respondent, v. VILLAGE OF VIOLA, Appellant.

Supreme Court of Wisconsin.

Decided March 28, 1975.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kramer, Nelson & Azim of Fennimore, and oral argument by John Kramer.

For the respondent there was a brief by Hale, Skemp, Hanson, Schnurrer & Skemp of La Crosse, and oral argument by John Kellogg.

WILKIE, C. J.

The village of Viola operated a private nuisance where burning was done at the village dump. John Kellogg, the plaintiff-respondent, operated a mink ranch on land purchased in 1966 from the village and located directly adjacent to the village dump. The village appeals from a jury verdict awarding $10,153 to Kellogg for smoke-caused damage to his mink herd during 1970. On this appeal the village claims that in this action by Kellogg for damages attributable...

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