Show AMERICAN SMELTING WINS ANOTHER SMOKE CASE action of the united states circuit court of appeals in reversing the judgment of the federal court here in which plaintiff was awarded damages in the case of the riverside dairy and stock farm against the american smelting smelling Sm elting refining company is considered by counsel for the smelting smelling sm elting company to he be highly important as a precedent for other cases pending says the salt lake tribune the case was one growing out of the smelter fumes controversy that has been waged between the farmers and the smelt ing companies operating in the state and as this is the first case of that nature t fo 0 be decided by the federal court of appeals since the famous godfrey decree years ago the action of the federal court is looked upon as being significant under the decision of the court of appeals notice of which was received the other day by counsel for defendant the judgment of the local court in favor of plaintiff for damages is reversed and the case is remanded for new trial with costs assessed to plaintiff which means the attorneys figure that the plaintiff will have about in costs to pay after the godfrey case was decided against the smelters shelters sm elters these companies spent thousands of dollars it is stated improving their plants so that the smoke and fumes would not be deleterious to farms or stock and the riverside dairy case is the first one for damages since that time that has been passed upon by the court of appeals the reversal of this case is regarded by counsel for the smelting smelling sm elting company as a complete victory for the smelters shelters sm elters the case was instituted in the federal court here in 1913 for damages to stock oats wheat alfalfa pasturage and tor for alleged loss of milk because of diffusion diffusion of fumes from the plant of the company over the property of the dairy concern the case was tried before a jury and the jury returned a judgment for plaintiff for damages an appeal was then taken by the smelting smelling sm elting company to the federal court of appeals for the eighth district this court has now handed down its decision reversing judgment of the lower tribunal and taxing the costs of the case to the plaintiff counsel for defendant company included F H brownell of seattle F S richards bagley ashton and william mccrea of salt lake the plaintiff was represented by thomas soule there is a case of similar nature now on trial in the local federal court that of anderson and others against the american smelting smelling Sm elting refining ning company and others in which some fifty or more farmers are suing the smelting smelling sm elting companies for alleged damage from the fumes and smoke of their plants this case has now been on trial thirteen weeks 0 |