The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-03-23
Suit Against the Poor District.

An action in equity was brought yes
terday by O. d. Holister against the
Scranton poor district to prevent the
latter from polluting a creek that is
close to the Hillside Home.
Mr.. Holister is the owner Of q farm
of about one hundred acres of land sit
uated in the township Of Newton, where
he resides and carries on the business
of farming, being engaged chiefly in
the milk business, keeping upon his
farm a herd of about fifty milk COWS.
His farm and stock are supplied with
water by a small brook which runs
through it. being his private property
so far as its course is within the lines
of said farm.
Along the line Of this brook and above
the plaintiffs farm the Scranton poor
district owns a farm upon which it's
buildings are erected for the care of
pauperS and insane. The district keeps
several hundred paupers varying at
different times from five to eight hun
dred, besides a stock of horses, cat
tale and hogs and has constructed a
sewer connected with it's buildings into
which is collected all of the sewerage
from its dOrmitories, stables and out
buildings and conducted away from the
buildings by a sewer pipe which dis
| charges the sewage into an open field
| at a point not far from the brook into
which the field has it's drainage, so
that the sewage flows into the brook
particularly in times of wet weather,
and thereby the water becomes so pol
| lutd that it eXhales the foul and moi
some Odors.
Mr. HOllister alleges that ten of his
! cows have sickened and died from
drinking the water of the brook and
his family have suffered Inconvenience
| and injury to their health.
The plaintiff AYERS that unless the
nuisance can be abated he will be
obliged to abandon his milk business.
as it is not possible for him to keep and
maintain hisstock ofCows without their
getting access to the brook. He has
from time to time during the past year
called the attention of the officials hav-
ing charge of the premises to the mat
ter and begged them to abate the nui-
sance, and its dangerous character has
been made known to them through the
health officers of the commonwealth.
who have had occasion to INSPECT the
premises, but as yet no step has
been taken toward the abatement
of the nuisance. The plaintiff there
fore AYERS that unless the de-
fendant is restrained from further
discharging sewage from their prem.
ises into the brook or at a point
where by natural causes it will neces-
sai1ly find its way into the brook, ir-
reparaable damage will be done him
and he therefore asks that an iniunc-
tion be issued by the court, prelimin-
ary in the first instance and afterwards
perpetual, restraining The defendant,
its officers, agents, servants and en-
ployes from futher discharging and de-
posting or suffering to be discharged
and deposited into said brook or at any
point directly drained thereby the
sewage and offal from its buildings on
its farm in the said township of New
ton"
The paper book in the case was filed
for Mr.. Hollister by Attorney e. c..
Newcomb.
Judge Gunster granted rule to show
cause why the defendant district should
not be restrained by preliminary in
junction and made it returnable April
i at 3 a, m.