Norton v. Colusa Parrot Mining & Smelting Co.
U.S. Circuit Court for the District of Montana
In Equity. On demurrer to bill. Complainants, owners in severalty of divers parcels of farming land, together with the water rights belonging thereto, seek to enjoin the defendants, engaged in the operation of smelting plants for the treatment and reduction of ores, from impregnating, polluting, and poisoning the waters of certain tributaries of the Deer Lodge river, from which stream complainants obtain water for the irrigation of their farms and for domestic purposes.
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In Equity. On demurrer to bill. Complainants, owners in severalty of divers parcels of farming land, together with the water rights belonging thereto, seek to enjoin the defendants, engaged in the operation of smelting plants for the treatment and reduction of ores, from impregnating, polluting, and poisoning the waters of certain tributaries of the Deer Lodge river, from which stream complainants obtain water for the irrigation of their farms and for domestic purposes. In their bill, complainants also pray for damages for injury alleged to have been done to their lands in the past by the…
1Opinion of the CourtHunt, District Judge
(after stating the facts as above). After study of the questions presented by defendants’ demurrers, my opinion is that the principles which must control are these: Where several persons who own several interests in property suffer injury of like character from one and the same nuisance, say the illegal polluting oí a stream from which all take water, they may unite in an action in equity. Such persons have a community interest in obtaining the abatement of the alleged nuisance. In the many well-considered opinions upon the subject, I find the doctrine succinctly stated by Justice Pigott in…
2Cases cited18 opinions
- Scott v. NeelySupreme Court of the United States · 1891
- Root v. Railway Co.Supreme Court of the United States · 1882
- Buzard v. HoustonSupreme Court of the United States · 1886
- Cates v. AllenSupreme Court of the United States · 1893
- Walker v. New Mexico & Southern Pacific RailroadSupreme Court of the United States · 1897
13 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Masonite Corp. v. BurnhamMississippi Supreme Court · 1933
- United States v. Vertac Chemical Corp.District Court, E.D. Arkansas · 1980
- Brchan v. Crete MillsNebraska Supreme Court · 1952
- Albaugh v. AbbottMichigan Supreme Court · 1931