Summit View, Inc. v. W. W. Clyde & Co.
Summit View, Inc. v. W. W. Clyde & Co.
Opinion of the Court
Appeal from a non-jury damage judgment for loss of mink because of noise engendered by defendant’s heavy equipment. Affirmed with costs to plaintiff.
Several points on appeal were urged, only one of which we consider canvassable here, i. e., insufficiency of evidence.
Plaintiff had a mink facility near a highway which was being constructed by defendant under a state contract.
. Mink are strange in that once a year between March 1 and June 1, noises produce miscarriages or maternal destruction of the hoped-for youngsters.
The basis of this complaint is that defendant knew of these propensities, but deliberately and negligently parked and operated its equipment next door to the mink sheds when it could have done it elsewhere, without interrupting the motherly pre-natal processes.
Perhaps being not as expertise as the trial court in matters flora and fauna, nonetheless we believe that the voluminous rec
. See Bell v. Gray-Robinson Construction Co., 265 Wis. 652, 62 N.W.2d 390 (1954).
Reference
- Full Case Name
- SUMMIT VIEW, INC., a corporation, and v. W. W. CLYDE & COMPANY, a corporation, and
- Status
- Published