Holley v. B. W. S. Corp.

MILLER, Judge.

This case was consolidated with Salter v. B. W. S. Corporation, Inc., 281 So.2d 764 (La.App. 3 Cir. 1973). The issues are identical to those present in the Salter case. Frazier and Vanwinkle intervened in this suit.

Plaintiff Cecil Holley’s 189 foot deep waterwell was less than 800 feet from the stockpile of barrels of noxious substances on defendant’s land. Holley’s land was similarly situated to that of Vanwinkle. The trial court granted the injunction to plaintiff Holley as well as to intervenors Frazier and Vanwinkle.

There was no evidence to show that the noxious substances…