Aluminum Company of America v. Sam H. Loveday

In this protracted litigation in the Eastern District of Tennessee, the trial judge granted the motions for new trial of certain plaintiffs whose cattle had been injured and whose property had been damaged from injurious gases sent forth from the plant of appellant, Aluminum Company of America. The correctness of the action of the trial judge is challenged by direct appeal and, in the alternative, by petition for writ of cer-tiorari.

The principal reason for granting a new trial by the district court was based on affidavits and testimony of jurors regarding remarks of one of the jurors…