American Tar Products Co. v. Jones
Alabama Court of Appeals
Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by Leo Jones and others (names not given) against the American Tar Products Company for damages for the pollution of water in a stream, for creating a nuisance, and for diminishing the water in volume. Judgment for plaintiffs, and defendant appeals.
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Appeal from Circuit Court, Jefferson County ; J. C. B. Gwin, Judge. Action by Leo Jones and others (names not given) against the American Tar Products Company for damages for the pollution of water in a stream, for creating a nuisance, and for diminishing the water in volume. Judgment for plaintiffs, and defendant appeals. The following charges were refused to the defendant: Assignment 1: If after considering the evidence in this case you find that plaintiffs’ land was damaged by the pollution of Valley creek, and that defendant contributed thereto with others, and you further so find that…
1Opinion of the CourtMerritt, J.
This was a suit by appellees, lower riparian owners, for damages for the pollution of Valley Creek. The appellant is engaged in the manufacture of coal tar products, and the water which it uses for cooling its products and other purposes is taken from Possum creek by the Woodward Iron Company and pumped through pipes to the plant of appellant. After it has passed through the plant and served appellant’s purposes, the water is turned into a ditch which drains into Possum creek. Possum creek, in turn, drains into Valley creek, and Valley creek passes through appellees’ land several miles below.
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2Cases cited4 opinions
- Alabama Great Southern Railroad v. RobinsonSupreme Court of Alabama · 1913
- Jefferson Fertilizer Co. v. RichSupreme Court of Alabama · 1913
- Ex parte Alabama Gold Life InsuranceSupreme Court of Alabama · 1877
- Jones v. Tennessee Coal, Iron & R.Supreme Court of Alabama · 1918
3Cited by2 opinions
- Tennessee Valley Sand & Gravel Co. v. PillingAlabama Court of Appeals · 1950
- Woodward Iron Company v. HillAlabama Court of Appeals · 1955