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Property Keyed to Merrill
Jost v. Dairyland Power Cooperative
Citation:
172 N.W.2d 647Facts
The plaintiff brought the action for damages for injury to crops and loss of market value of farm lands. The plaintiffs are farmers living within the city limits of Alma, Wisconsin. Their farms are located on the bluffs overlooking the Mississippi River. In 1947, the Dairyland Power Cooperative erected a coal burning electric generating plant at Alma. The farmers contended that consumption of high-sulfur-content coal at this plant has increased from 300 tons per day in 1948 to 1,670 tons per day in 1967. There was testimony that the 1967 coal consumption resulted in discharging approximately 90 tons of sulfur-dioxide gas into the atmosphere each day. Defendant’s witness, a farmer who was hit less frequently by the sulphurous fumes, estimated his crops damage at 5 percent. Each plaintiff farmer testified that his land had diminished in value as the result of the continuing crop loss. Defendant offered testimony of realtors to the effect that there had been no diminution of market value.
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