Madison v. Ducktown Sulphur, Copper & Iron Company, Limited

83 S.W. 658 (1904)

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Nature of the Case

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Facts

These three suits by Ps were instituted separately all based on the ground of nuisance, in that Ds' operation of their plants for reducing copper ore, cause large volumes of smoke to issue from their roast piles, which smoke descends upon the surrounding lands, and injures trees and crops, and renders the homes of complainants less comfortable and their lands less profitable than before. Carter's land consists of eighty acres, assessed at $ 80; Verner's, eighty-nine acres, at $110; Ballew's, forty acres, at $66; Madison and wife, forty-three acres, at $83; W. M. Madison, about one hundred acres, at $180; Isaac Farner, one hundred acres, at $180. Ps' timber and crop interests have been badly injured, and they have been annoyed and discommoded by the smoke so that the complainants are prevented from using and enjoying their farms and homes as they did prior to the inauguration of these enterprises. The smoke makes it impossible to subsist their families, thereon with the degree of comfort they enjoyed before. They cannot raise and harvest their customary crops, and their timber is largely destroyed. The smoke not only causes people to cough but makes their head's ache. There is no doubt that Ds are conducting and have been conducting their business in a lawful way, without any purpose or desire to injure Ps. It is to be inferred from the description of the locality that there is no place more remote to which the operations referred to could be transferred. It is found if the injunctive relief sought be granted, Ds will be compelled to stop operations, and their property will become practically worthless. That the total tax aggregate of Polk County for the year 1903 was $2,585,931.43, of which total the assessments of Ds amounted to $1,279,533. Prior to the operations of Ds there lived in the district where these works are located only two hundred people, whereas there are now living in this district, almost wholly dependent upon these copper industries, about 12,000 people. In each case, the chancellor declined the injunctive relief sought, and dismissed the bill. In each case, the court of chancery appeals reversed and granted the perpetual injunction asked for. Ds appealed all the decrees.