Holley v. B. W. S. Corp.

Louisiana Court of Appeal

Holley v. B. W. S. Corp.

281 So. 2d 770

CourtLouisiana Court of Appeal

DecidedApril 19, 1973

DocketNo. 4182

StatusPublished

This text of 281 So. 2d 770 (Holley v. B. W. S. Corp.) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Holley v. B. W. S. Corp., 281 So. 2d 770 (La. Ct. App. 1973).

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Opinion

MILLER, Judge.

This case was consolidated with Salter v. B. W. S. Corporation, Inc., 281 So.2d 764 (La.App. 3 Cir. 1973). The issues are identical to those present in the Salter case. Frazier and Vanwinkle intervened in this suit.

Plaintiff Cecil Holley’s 189 foot deep waterwell was less than 800 feet from the stockpile of barrels of noxious substances on defendant’s land. Holley’s land was similarly situated to that of Vanwinkle. The trial court granted the injunction to plaintiff Holley as well as to intervenors Frazier and Vanwinkle.

There was no evidence to show that the noxious substances might interfere with Holley’s waterwell. The trial court judgment granting Holley the injunction is reversed and set aside. For the reasons assigned in the Salter case, the trial court judgment granting the injunction to plaintiffs Frazier and Vanwinkle is affirmed. All costs of this appeal are assessed to defendant.

Affirmed in part: in part reversed and rendered.

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MILLER, Judge.

This case was consolidated with Salter v. B. W. S. Corporation, Inc., 281 So.2d 764 (La.App. 3 Cir. 1973). The issues are identical to those present in the Salter case. Frazier and Vanwinkle intervened in this suit.

Plaintiff Cecil Holley’s 189 foot deep waterwell was less than 800 feet from the stockpile of barrels of noxious substances on defendant’s land. Holley’s land was similarly situated to that of Vanwinkle. The trial court granted the injunction to plaintiff Holley as well as to intervenors Frazier and Vanwinkle.

There was no evidence to show that the noxious substances might interfere with Holley’s waterwell. The trial court judgment granting Holley the injunction is reversed and set aside. For the reasons assigned in the Salter case, the trial court judgment granting the injunction to plaintiffs Frazier and Vanwinkle is affirmed. All costs of this appeal are assessed to defendant.

Affirmed in part: in part reversed and rendered.

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