Illinois Central R. Co. v. Alford

Fifth Circuit

Illinois Central R. Co. v. Alford

187 F.2d 144

CourtCourt of Appeals for the Fifth Circuit

DecidedMay 4, 1951

Docket13246_1

StatusPublished

This text of 187 F.2d 144 (Illinois Central R. Co. v. Alford) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Illinois Central R. Co. v. Alford, 187 F.2d 144 (5th Cir. 1951).

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Opinion

HOLMES, Circuit Judge.

This action is by 156 plaintiffs against defendant-appellant for maintaining a nuisance by emissions of smoke, soot, and cinders in the operation of its terminal facilities in Bossier City, La. The court below held that the nuisance was proven, and awarded damages ranging from a low of $30 to a high of $887, respectively, in the individual cases. Common sense and experience lend support to the finding below,’ that the smoke nuisance here was directly and materially contributed to by appellant’s burning of soft or bituminous coal.

We affirm the judgment appealed from upon the authority of the following decisions of the Supreme Court of Louisiana with reference to the same nuisance: Tucker v. Vicksburg S. & P. R. R. Company, 125 La. 689, 51 So. 689; McGee v. Yazoo & M. V. R. R. Company, 206 La. 121, 19 So.2d 21; Devoke et al. v. Yazoo & M. V. R. R. Company, 211 La. 729, 30 So.2d 816.

Affirmed.

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HOLMES, Circuit Judge.

This action is by 156 plaintiffs against defendant-appellant for maintaining a nuisance by emissions of smoke, soot, and cinders in the operation of its terminal facilities in Bossier City, La. The court below held that the nuisance was proven, and awarded damages ranging from a low of $30 to a high of $887, respectively, in the individual cases. Common sense and experience lend support to the finding below,’ that the smoke nuisance here was directly and materially contributed to by appellant’s burning of soft or bituminous coal.

We affirm the judgment appealed from upon the authority of the following decisions of the Supreme Court of Louisiana with reference to the same nuisance: Tucker v. Vicksburg S. & P. R. R. Company, 125 La. 689, 51 So. 689; McGee v. Yazoo & M. V. R. R. Company, 206 La. 121, 19 So.2d 21; Devoke et al. v. Yazoo & M. V. R. R. Company, 211 La. 729, 30 So.2d 816.

Affirmed.

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187 F.2d 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/illinois-central-r-co-v-alford-ca5-1951.

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