Warren v. Parkhurst

Kellogg, John M., J.

The plaintiff brings this action against the defendants, twenty-six mill owners on the Cuyadutta creek above him, alleging that each upon his own premises, for the last six years, has been discharging sewage and other foul matters into the creek; that while the damage committed by each defendant in itself is merely nominal, that the stench arising from the creek thus polluted by all of them greatly injures the enjoyment and healthfulness of his premises, and he asks an injunction and $1,000 damages. Various of the defendants demur upon the ground that the complaint does…