Morton Salt Co. v. Lybrand

LOONEY, J. E. P.

Lybrand sued Morton Salt Company for damages, alleging, in substance, that the defendant negligently permitted a large reservoir containing salt water to break, liberating the salt water, which flowed over and settled upon 150 acres of land belonging to plaintiff, destroying its fertility and the vegetation and trees growing thereon and greatly depreciating its value.

Defendant pleaded a general denial.

In response to special issues submitted, the jury found that the defendant had negligently permitted its reservoir to break and overflow plaintiff’s land with the salt water,…