International Paper Co. v. Busby

HOLMES, Circuit Judge.

This appeal is from a judgment for $5,000, rendered against appellant in an action of tort brought by appellee, for damages to his farming land, pasture areas, and livestock, caused by an overflow thereon of water discharged by the appellant, which is engaged in the manufacture of paper from wood pulp, and has been since 1936. In the process of making paper, it uses large quantities of water, which after such use is dark in color, as a result of suspended organic matter, and is often referred to as black water. The daily output of used water is drained into settling…