The San Francisco call., 1897-02-18
STRIVE FAILS To
OBTAIN DAMAGES
Decision in Favor of the
Western Beet Sugar
Company.
Manufacturing Interests Win
Important Litigation at
Santa Cruz
DeImas & Shortridge's Motion for
NOnsuit GraDt,d by Judge
Smith.

SANTA CRUZ, CAL, Feb. 17.-There
was quite stir in court circles in Santa
Cruz this afternoon when the Judges de-
cision in the damage suit of Strive VS.. the
Western Beet Sugar Company was handed
down in response to motion for nom
suit made by the defendants counsel.
This case has been in progress before
Judge Smith of the Superior Court for
nearly three weeks.
The plaintiff in the action brought suit
to recover damages from the sugar COM
pany in the sum of 900 for an alleged
injury resulting from the depositing of
beet pulp from the factory upon land
alleged to be owned by the plaintiff,
James Nj. Struve of Watsonville. Delmas
& Shortridge represented the defendant,
while the plaintiffs case was in the hands
of two local attorneys. Mr.. Shortridge
personally conducted the defense, attend
ing steadily during the entire period of
the proceedings.
The importance OF the case soon became
manifest. 1t was readily perceived by all
concerned that it involved a more than
local princip iple-perhaps a decisive cri-
terion OF the treatment which beet-sugar
man nufacturers all over the country might
be expected TO receive and abide by in the
future. 1t verged also upon the principle
OF how much sufferance manufacturing in
general might be deemed privileged to
enjoy in the matter OF causing incon-
venlence 10 private communities by their
necessary smoke, refuse matter, etc.
The plaintiff maintained that the odor
from the decayinc pulp had injured his
health and comfort to the extent of $4,000,
while the water draining from the millions
1Nf fn1 AF IL, bo1 4
the extent OF $15 900. The defense showed
that the beet-sugar factory was es,ab-
lished eight years before at cost of sew
eIal hundred thousand dollars; in 1890 it
had been enlarged to double its original
capacity; and in 1892 had been enlarged
again to twice its former capacity.
Altogether over s.. 000,0 had been ex-
pended upon the plant During all this
time the plaintiff had made no complaint,
but had regularly sold beets to the fac
tory. Ii the pulp were nuisance now it
must have been for eight years, and one
VINO had uncomplainingIy permitted and
abetted it for eight years should now be
estopped from complaining. Further
more, it was shown that water from beets
is not poisonous, and that the plaintiff
had during the trial sold some of his land
for price that did not indicate that il
had deprecated as he claimed.
1t was also shown that the plaintiff had
pfgsty containing l52 hogs within ten
feet OF his front door; that only 200 feet
away were the corrals of the Watsonville
Creamery and Cattle Company, in which
were from 100 to 2000 cattle ali the time.
and that not far distant was the dumping
ground of a slaughter-house; and yet
above all these the plaintiff detected and
was annoyed by the odor of the pulp
some distance away.
Last Friday the litigation reached
point where the defendants counsel found
it tenable to make motion for nonsuit
on several distinct grounds and the case
went over pending the judges decision,
which was promised for to-day.
When the attorneys and the Jury reas-
sembIed this morning a crowded court
room awaited them. The decision was
postponed until the afternoon, when the
scene of excited interest was repeated and
greatly increased when the Judge rem
dered his decision in favor of the de-
fendant.
This evening there is considerable talk
of the case on the street, and general sat-
isfaction at the result is manifested.
Every one seems to feel that decision in
favor of manufacturing, as represented by
the Watsonville sugar factory, which is
greatly appreciated for its vast benefit to
The community, has been rend cred