T.A. Snider Preserve Co. v. Beemon

• Decision Date: 19 February 1901
• Citation: 60 S.W. 849
• Parties: T. A. SNIDER PRESERVE CO. v. BEEMON. [1]
• Court: Kentucky Court of Appeals

60 S.W. 849

T. A. SNIDER PRESERVE CO. v. BEEMON. ^[1]

Court of Appeals of Kentucky.

February 19, 1901

Appeal from circuit court, Boone county.

"Not to be officially reported."

Action by Anna Beemon against the T. A. Snider Preserve Company to recover damages for a nuisance. Judgment for plaintiff, and defendant appeals. Affirmed.

J. G Tomlin and C. C. Crane, for appellant.

Joel C Clore and F. E. Curley, for appellee.

HOBSON J.

Appellant owns a large factory for canning tomatoes and making catsup. Appellee owns a tract of land lying near by, and below the level of, appellant's property. The waste from the factory was conducted by a tile away from it, and emptied on appellee's property. She brought this suit, alleging that by reason of this matter being emptied upon her land her property was injured, her cows made sick, and her dairy business greatly interfered with. The allegations of the petition were denied by the appellant. The proof was heard before a jury, who, under the orders of the court, examined the property, and returned a verdict in favor of appellee for $250. The proof for appellee tended to show that the drainage from the factory consisted of pieces of tomatoes, skins seeds, and cores of tomatoes, tomato juice, and some whole tomatoes; that these were washed out with a large quantity of water upon appellee's land, making a black, gummy deposit upon it, killing the grass, causing a skum on her spring, and an odor that could be detected while passing through the field; that appellee's cows drank this sewage, and were made sick, and in this way the product of her dairy was reduced about one-half. The proof for appellant was directly to the contrary of that for appellee on all points as to her injury, but there was no conflict in the evidence as to the quantity of the sewage, or its being discharged upon appellee's property. The factory was operated in the hot part of the summer by about 175 hands. The floor was washed up daily with 40 or 50 barrels of water, and a quantity of tomato juice, peelings, seeds, cores, and the like, were emptied on appellee's property. This vegetable matter, as stated by the learned physician introduced by appellant, in warm weather would ferment and produce poison, also carbonic acid gas, and would be very injurious for cows or any kind of stock to eat or drink. It would necessarily be unhealthy after it fermented in the sun. On all the evidence, the verdict of the jury for $250 is...