Kovacovich v. Phelps Dodge Corporation

Appellants, plaintiffs below, filed three separate complaints against appellee corporation, defendant below, seeking damages alleged to have been suffered on account of injuries to crops growing on appellants’ land, and claiming to have been inflicted by smoke from smelters operated by the appellee. Each complaint pertained to alleged injuries and damages suffered in different years. A consolidation of the cases was ordered and they all went to trial to a jury.

During the trial, appellee admitted liability and damage in each case. The appellants contended that the amount of damages suffered by…