[Download] "Dale Vogel and Alice Vogel V." by United States Court of Appeals for the Third Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Dale Vogel and Alice Vogel V.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 05, 1996
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 64 KB
Description
ANN WALSH BRADLEY, J. The plaintiffs, Dale and Alice Vogel, seek review of a decision of the court ofappeals, reversing in part a judgment in their favor for damages caused by stray voltage from electricity distributed by the defendant, Grant-Lafayette Electric Cooperative (GLEC). The Vogels assert that the court of appeals erred in holding as a matter of law that stray voltage may not be considered a private nuisance. Because we conclude that private nuisance is a viable cause of action under the facts of this case, we reverse that portion of the court of appeals decision directing the circuit court to strike the nuisance-related damages from the judgment. We further conclude that because the stray voltage constituted an unintentional invasion and was otherwise actionable under negligence, the circuit court properly considered the Vogels contributory negligence when it reduced the total damage award.
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