Vogel v. Grant-Lafayette Electric Cooperative

548 N.W.2d 829 (1996)

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Nature of the Case

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Facts

The Vogels (P) were dairy farmers and members of D, a cooperative association that distributes electricity to its members. Shortly after building a new milking facility in 1970, Ps noticed problems with their herd. Milk production declined, and finally, they discovered that the problems were associated with stray voltage. D responded and built an isolator, and the behavior of the herd began to improve immediately. In 1992, P filed suit against D for negligence and nuisance. D denied these allegations and alleged that P was contributorily negligent in the design, maintenance, and operation of their electrical equipment. The jury gave the verdict to P and found that Ps were one third causally negligent. A verdict for $200,000 was entered, and D appealed; stray voltage cannot be a nuisance and P appealed contending that an intentional tort was committed and that was not subject to offsets for contributory negligence. The appeals court found that the trial court erred in submitting the nuisance claim to the jury.