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In Whalen V

Question 237

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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