E. Rauh & Sons Fertilizer Co. v. Shreffler

SIMONS, Circuit Judge.

Removed from the state court because of diversity of citizenship and tried to a jury, the cause resulted in a judgment for the appellee for damages to his growing plants proximately resulting from injurious gases generated by the fertilizer plant of the appellant. The judgment is assailed upon the ground that it was not supported by substantial evidence, and that the cause was submitted to the jury upon an erroneous view of the law of nuisance and the measure of damages.

The appellee is an experienced grower of gladioli. In 1940 he planted 11 acres of his farm near Toledo…