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KRUEGER v. MITCHELL

No. 81-247.

106 Wis.2d 450 (1982)

317 N.W.2d 155

Harold KRUEGER, d/b/a Krueger's Lawn Capitol, Plaintiff-Respondent and Cross-Appellant, v. Dean W. MITCHELL and Lois Mitchell, Defendants-Appellants and Cross-Respondents.

Court of Appeals of Wisconsin.

Decided February 8, 1982.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the brief of James J. Caldwell of Rummel, Caldwell, & Daly of Oconomowoc.

For the plaintiff-respondent the cause was submitted on the brief of Robert C. Burrell and Jeffrey S. Fertl of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

Before Voss, P.J., Brown and Scott, JJ.

BROWN, J.

This is a private nuisance action involving the owners of a private airport and an adjacent landowner-businessman. A jury found that the airport was a nuisance to the adjacent landowner-businessman and awarded him $12,000. The trial court reduced the damages to $3,000, using the Powers rule.1 The airport owners' major claim is that the trial was unfairly prejudicial to them because the original complaint requested only...

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