United States v. Adolph G. Sutro, Adolph G. Sutro, Cross-Appellant v. United States of America, Cross-Appellee

JAMES ALGER FEE, Circuit Judge.

In 1946, Sutro bought certain farm lands riparian to Pilgrim Creek. Before that time, the government had constructed a sewage disposal plant for Camp Pendleton, the effluents of which were deposited in the stream until 1952. Pilgrim Creek became so polluted that it was not fit for the irrigation of lands used for growing of vegetables intended for human consumption.

The cause was tried by a court without a jury under the Tort Claims Act, 28 U.S.C.A. §§ 1346(b), 2671-2680. It was found that the employees of the government were negligent in operating the sewage…