Clark v. Wambold

160 N.W. 1039 (1917)

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Nature of the Case

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Facts

P owned two acres of land on the shore of a lake. P purchased the land from D, and he used it as a summer residence. D owns a farm immediately east of P's land and also operates a feed mill thereon. For years before the commencement of this action, D made use of his land to raise pigs. There was significant evidence that the pig pens and enclosures were kept in filthy condition and that the odors arising from them and drifting over P's land were extremely offensive and nonstop during summer months. There was also evidence that the pens were kept in sanitary condition and better than what most farmers ever did with their pigs. The pens were in use when P purchased his land in 1905. The trial court found for D; the pens were kept in as good a condition as could be, and that the odors from the pens did not materially interfere with P's use and enjoyment of his land.