| Show THE DEADLY SMELTER SMOKE David McCleery Wants Big Damages Damage From Highland Boy By Min Mining Mining Mm ing Company for a Ruined Fumes Laying I Valuable Ground Waste and Valueless A highly interesting and Important suit sul was WOH WIH tiled filed 1 ell in the Iho hn circuit court of ot time thu Ih United States Siale this afternoon by b Pierce and Barrette for tor their client clent David Da Id McCleery suing on behalf of at lt himself anti and all ni others similarly situated ed el against Highland hey Hoy oy Gold Min Mining Mm ln ing company The fhe papers which con consist shet of ot 15 li typewritten folios folos set forth that plaintiff Is ha u a farmer who re me aides about a mile mie north of ot the tue smelt smell era eis operated by b the company compon near Mur Mum Murray ray tr ra and that Ihal by b reason of time the noxious fumes sulphur Hue dust and ami other Impurities given fue off or by b the time smoke smokestack smokestack stack of ot time the smelter that thi his imis farm faint valued at 01 has hM been rendered practically useless ns as ni neither stock sloe haunch under tinder will mill crOc cro nor IWI trees tices II eel 1 existing exl conditions The TIme complaint after ater setting forth In detail the process of reduction of ot the time ores treated goes goeson gO goeson S Son on to 10 allege that there are arc ar emitted from time the smelter anti and an discharged Into the time at nl atmosphere approximately 13 to 10 ISO Ir tons Ion 10 of sulphur In imm each emich and I ld every emery 24 4 hour and amid that this Ihla Is distributed over oe the surrounding Iha vegetation for n a I radius of nr miles malies to the deti of ot every eVer living plant antI and animal hiton r prays Pr that defendant be ordered to give 11 Ive relief Ilef be compelled to 10 exercise this the right of ot eminent domain and amid be compelled to 10 acquire by b due tu course COUII of ot law ian hl time the premises of plaintiff bo b restrained reI Ira In 11 from roam enlarging the time cinch smelter ter plant as us contemplated that a pre preliminary Injunction restrain restraining restraInIng restraining ing defendant from roam further operating tho pending the hearing of It the cause and for tor such other oth r and further relief as the e equIty of the ease case cal may ml re me require r quire Farmers anti and business men generally generl will wi watch tills case cl e with wih Interest as os asIt asit It Is known that the smelters are IN lay layIng In InIng Ing hag waste valuable sections of falm fahn and amid orchard land 1011 and amid Iud rendering the same salIe practically useless CASES DISMISSED The Time two 0 cases of David Ia 11 vs 8 time the Highland Boy Bo Gold Gohl Mining com corn company pany pan were dismissed today by I Juge Stewart upon motion moton of o plaintiff and at plaintiffs co cost t One of or the actions was wR de the defendant an Injunction suit stilt to enjoin time the f om operating Its 11 smelter melet The Theother Theother other wits was brought to 10 recover remer as lS damages to 10 plaintiffs land and croPs crop caused by b the deadly dodly fume tume from toni the smelter |
