Vogel v. Grant-Lafayette Electric Cooperative

Plaintiff's herd of cows exhibited erratic and violent behavior, suffered from chronic mastitis, and produced low amounts of milk. The problems were traced to excessive stray voltage from the electricity supplied by defendant.

"We conclude that nuisance law is applicable to stray voltage claims because excessive levels of stray voltage may invade a person's private use and enjoyment of land. Although excessive levels of stray voltage may be found to constitute a nuisance in certain circumstances, we do not hold that it constitutes a nuisance under all circumstances. The determination of whether stray voltage unreasonably interferes with a person's interest in the private use and enjoyment of land is reserved for the trier of fact."; While excessive stray voltage may be an intentional invasion, the invasion must still interfere with the private use and enjoyment of land; "... A nuisance claim based on an unintentional invasion is properly subject to the defense of contributory negligence..."

Traditional Strict Liability | Nuisance