The daily crescent. [volume] ([New Orleans, La.]) 1848-1851, 1849-12-11
Elects of Gas water on Health.

NAhtcA
Elects OF Gas Water on Health.
SECOND DISTRICT CoURT-Judge LEA. Municipality
No. Oaevs ts Gastigat Company We reported some time
since that suit had been instituted by the First Municipality
against the Gas-Eght Company praying for writ finunc.
zion to the company from throwing the foul
proceeding from the manufacture of gas any cutters,
bitches drains emptyng into the Bayou ST. John. Thepe-
don set forth that this deeieous the health of
the inhabitants residing in that portion of the city, destroying
also the fish in the Bayou and aiDting the atmosphere
Mers ROseus, Preaux and Morel appeared for plaintiffs
and Messr. Benjamin and Mcou fo defendants The trial
Of the case occupied one week. and yesterday Judge LeaeR-
dered the following decision;
Municipality No. One and ctristoval Iorsi vs. the Men
! srhii ; 0rteaEs ssIasiitght Company
snee and for damages sustained by G. MOre one of the
plaintiffs in consequence OF its existence prior to the nsu-
Plaintiffs aeEe that the Gas Company whose establish
habit q throwing and pouring inio he CUTTERS dches and
infections and poisonous water produced By he process Of tb
manufacture OF gas by said Company-at the said cutters,
qitehe sie empty INTO the sources and head waters Of the
B ,a n J9n NATURAL d2in and n2yigqRe stream stu
infect tani and c9r,ot tIe ,tsrs ~ saj Ry al si1y
the fish u the Bayon and injuFng the health Of the inhabi
have sustained damage by reason Of the above facts in lie
of three hundred and fifty dollars. The petition closes
/ PENDANTS for damages as alleged.
ts have right for demand any damages alleged
o Be- suffered 3y individuals or e. appear n court in their be-
as an incorporated Company authorised to manufacture gas
anu as OF properly III GecOlu
Of the Municipality in which their establishment isocaed
they further specay deny that e waters @ them
and that they have at Az times Teuy confined themselves to
Joy in common with the public at i1ge.
He a III S 5 eep Gec Even 5 ay daas Ba, sRS
that ought 10 be sustained, far the Municipality Z
concerned it would still eaye the general issue BE- decided
On its merits as between O. MOe ESQ. and the defendants.
Il can answer no useful purpose Of explanation 70 anayze the
s II VIII III sf 5ll neba6 8o ~ ' tst On tS Ss @ 2, @
which think must be drawn from careful peusa and study
In order to maintain their action, is necessary that plain
Tbat there is a nuisance at the Bayou st. john .
That his nuisance is caused at least degree justify.
ing complaint by the waters discharged from the
Il g. That the plaintiffs have right proceed in the man
and form they have selected remove the nuisance viz
i As regards the first point, think eopcluyely shown tina
there docs did exist at the time of the institution Of hi
suit nuisance highly offensive the people the Bayou
nj The evidence dcos that the waters were intervals bac
enee Al he BavoS 81 John became @ ersesbIe HAN
s. wa fSeyv"tRst tie sSHaso from tbs waters Of In
Bayou were highly charged with suphuIaed hydrogen gas
FURNISHED surface Of metals and plated ware.
II not satisfactorily shown that the health Of the resident
ost affected by it. The protraeted Sickness OF single ind
ur vidual which strongly insisted on bg Of the witness
~ permanent existence Of an infected atmosphere.
2 is shown by the evidence that before the Drainn
by from the swamp back Of the city into the Bayou
pany commenced its operations, and particularly since
opening Of the second section Gas cad) Of the ainir
eel unfit for animals to drink useless for bathing purposes fat
10 the fish aud destructive to vegetation The second sect
vel of The Draining Company embraces all that portion of Ii
ing city Of New Orleans situated between Toulouse and Jul
me- The establishment situated in this section and the
lilo tiers discharged from Il flow INTO the draining canals trou
' which the common drainage Of the section carried into
y II is consnded that the waters from the Gas establishment
carried through the acknowledgement channels into the Bayo
constitute the principal (eiheT direct nnote( Of
alleged nuisance For correct solution oil TINS conectn
49, reference must be had % the Character quantity ana sonr'
~ that all the other fluids Of Whatever character 10
ing from part of tbe cty heretofore designated as
Dr. coed from rains from the drainage Of yards kitchens,
all pools or any other OF the Thousand Tributaries Of NTH viii
make the of tins large and densey pop
e aled district, flow through the bitches and canals Of
eet Csrodee with the Bayou whence they are thrown BY
40 wheels Of the draining machine into the Bayou The qu
a. Bayou are estimated by Mr. Ranny, the former engineer
Der lions Of gallons daily about third Of the drainage of
section having evapQated before it reaches tile machine
offensive than hoe g the gas works 1t would seem 70
il the creation Of nuisance fully offensive that complain
Of by petitioners Il is proved that of this vast amount
buted BY the discharge from the gas works In dry wea
the discharge ceases the whole being absorbed On the PREF
which pumped daily into the streets, and which proees
from The leakage OF he gas pipes ans Is water IS es
an Dunbar and Col Campbell both state that they drank OF
* That which COWS directly from the works is souti
am ~ Re- R e999g l 0S 70 Ie n the eau
II in evidence, that before the gas water reach the ma
we tanned in them eney evolved that when they reach
Bayou ITSELF they constitute simply solution Of ammonia
Il appears to me utterly impossible that this fluid, from
very of its chemical properties, can be the cause, e
pToximae remote Of the results attributed to il BY
per plaintiffs. 1t cannot be fatal to the fish in the Bayou for
proved that the FISH are seen swimming IN th canal leading
ng the cause Of the destruction Of vegetation compaineof
is satisfactorily shown that 1t is eTthzng manure, and
Ia highly priced by agrclursts The presence Of sulphura
hydrogen gas in the waters of the Bayou cannot be SEASONAL
attributed 10 the introduction OF the waters for prov
that trace Of the presence Of this gas be detected
Draining Machine and find difficult comprehend hC
eT where civilizations are most marked and percepdbe
ns' before has become diluted by ntermngng with other
les causes no peTcepuhe INJURY the health of those in
ge Works after It has evoked nearly hi the oei V Sa y
rays n MS volume Of other fluids, even before is thrown il
b. health OF the residents The conclusion one which, to
" , nnhs an utter severance Of the ordinary relations
"a Of and ability that should there be doubt in The mind of
have the eet Of that doubt I'm 6s pnbe hs s sR0'
not BE- weighed IN the same balance with the Onevsd ipeTe
~ ION and Should not 6e dsped ~ III 1 99aTy g2Isde
mature reflection, but am avian that e inorts
our INTERPRETATION Of he iqhts OF the psr from iSf "a
stan testimony Of four physicians who have been examined as
table 10 The Introduction Of the gas waters and that II
peEcepnhe influence could be traced to them, that imlue
CO. consideration Of the testimony in this case, satisfied
hs complained Of The fact that the Bayou has from the me-
Wy o. drainage, become Inc e9mmon receptacle Of all
appears @ to disclose adequate cause for the exise
alton Of me offensive otor and noSoua eXhaaions which
ON L therefore ordered sdiudged and decreed that there
ana mat tbs plaintiffs pay the costs OF the
80 We understand that a motion win be made for a new til
GA in case Of REFUSAL the counsel will take appeal to the
Vait. preme Court.
.hich e,tv,v, TT emRle Mssettngsa s., r.,