Sagers v. International Smelting Co.
Utah Supreme Court
Appeal from District Court, Third District; Hon. F. G. Loofbourow, Judge. Action by W. W. Sagers and another against the International Smelting Company and others. Judgment for plaintiffs. Defendant named appeals.
1Opinion of the CourtThurman, J.
This is an action to recover damages for injury to certain crops, live stock, and wire fences in Tooele County, during the years 1911 to 1915 inclusive. The injury is alleged to have been caused by the operation of defendant’s smelter in the vicinity of plaintiffs’ land, whereby smoke, fumes, and poisonous gases arising from the smelting of copper, iron, zinc, silver, arsenic, antimony, and other mineral ores were discharged into the air and carried out over and upon the plaintiffs ’ land, causing the injury complained of.
*425The ease was tried to a jury. Verdict was rendered for plaintiffs and…
2Cases cited13 opinions
- Ewing v. GoodeU.S. Circuit Court for the District of Southern Ohio · 1897
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- O'Connor v. Chicago, Rock Island, & Pacific Railway Co.Supreme Court of Iowa · 1906
- Fuller v. Ann Arbor RailroadMichigan Supreme Court · 1905
- Folsom v. Apple River Log-Driving Co.Wisconsin Supreme Court · 1877
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3Cited by5 opinions
- Woodward v. Spring Canyon Coal Co.Utah Supreme Court · 1936
- Matson v. MatsonUtah Supreme Court · 1920
- Wilcock v. BakerUtah Supreme Court · 1925
- Norman v. Utah Hotel Co.Utah Supreme Court · 1922
- Fowler v. Medical Arts Bldg.Utah Supreme Court · 1948