McElwain v. Georgia-Pacific Corp.

This is an action brought by the plaintiffs, Ross and Edith McElwain, against the defendant, Georgia-Pacific Corporation, to recover both compensatory and punitive damages for injury to plaintiffs’ real property caused by the operation of defendant’s paper mill in Toledo.

Plaintiffs own two and one-half acres of land, improved with a dwelling house and garage, located directly east of defendant’s mill. The complaint alleged that since defendant commenced operation of its plant on or about January 1, 1958-, plaintiffs’ property was damaged by “certain noxious and toxic gases, fumes and smoke…