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Show REVERSAL SATISFIES -S1LTERJPERAT0RS Federal Court of Appeals Annuls Riverside Dairy Judgment. A,j ACTION SIGNIFICANT Regarded as Victory for Reducing Plants in Salt Lake Valley. Action of the United States circuit court of appeals in reversing judgment of the federal court here, In which plaintiff was awarded 53000 damages in the case of the Riverside Dairy and Stock farm against tho American tameltlng & Refining com- t , pany. Is considered by counsel for the Vfc smelting company to be highly Important as a precedent for other cases pending. Tho case was one growing out of the smelter fumes controversy that has been waged between the farmers and the smelting companies operating in the stale, and as this is the ilrst case of that nature na-ture to be decided by the federal court of appeals since the famous Godfrey decree de-cree years ago, the action of the federal court is looked upon as being significant. Under the decision of the court of appeals, ap-peals, notice of which was received yesterday yes-terday by counsel for defendant company, com-pany, the judgment of the local court in favor of plaintiff for $3000 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 $4000 in. coats to pay. Plants Improved. After the Godfrey cas was decided against the smelters these companies spent thousands of dollars. H is stated, improving their plants so that the smoke and fumes would not be deleterious to farms or stock, and the Riverside PaJry case is the first one for da.mages'since that time that lias been passed upon by the court of appeals. Tho reversal of this case is regarded by counsel for the smelting company aa complete victory for the smelters. Tho case was instituted In the federal court here in 191U for 528,001 damages to stock, oats, wheat, alfalfa, pasturage and for alleged loss, of milk because of diffusion dif-fusion of fumes from the plant of the company over the property of the dairy concern. Judgment Reversed. The case was tried before a Jury and the jury returned a judgment for plaintiff plain-tiff for $3000 damages. An appeal was then taken by the smelting 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 indud- ed F. H. Browned of Seattle, F. S. Richards, Rich-ards, Bagley & Ashton and William Mo-Crea Mo-Crea 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 Andrson and others against the American Smelting & Refining company and others, in which some fifty or more farmers are suing the smelting companies compa-nies for alleged damage from the fumes and smoke of their plants. This case has now been on trial thirteen weeks. |