Ricou v. International Paper Co.

DAWKINS, Jr., Chief Judge.

Plaintiff owns 158 acres of land on Bodcau Bayou, an upland stream in Bossier Parish, Louisiana. Defendant operates a large pulp and paper mill in Webster Parish, Louisiana, located on the bayou about 15 miles above plaintiff’s property. Defendant began its operations in 1938. Plaintiff acquired his property by donation in 1946.

During about 4 months each year, from about December 1st to April 1st, defendant discharges its waste, sometimes called “black water”, from its impounding basins into the Bayou, under controlled conditions.

Plaintiff sued defendant, seeking a…