In Whalen V

question 217

Multiple Choice

In Whalen v. Union Bag & Paper Co., where a paper mill polluted a farmer's creek so he sued to stop the pollution, the court held that:

• A) enjoining the defendant from polluting would cause too great an economic loss
• B) the plaintiff contributed his negligence and so could not sue the defendant
• C) although damage was small, defendant must respect plaintiff's riparian rights, pay damages and cease damaging pollution
• D) the riparian rights of the defendant outweighed the rights of the plaintiff
• E) because the defendant acted without malice, no riparian rights were violated

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