Jost (P) owned a farm located on the bluffs of the Mississippi. In 1947, D erected a coal-burning electric power plant. By 1967 the consumption of high sulfur content coal had increased from 300 to 1,670 tons per day. This resulted in a discharge of 90 tons of sulfur dioxide gas each day. This gas settled on the fields and caused severe damage to the ecosystem of P's farm. Judgment as a matter of law was given for P and D appealed.

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