The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1909-08-12
Judge Lynch at Special Term
y clines TO Grant Petition
to Abate the Plant.
HIS OPINION I'M FULL
Deals with the Evidence and
the Conditions in an Ex-
haustiye Manner.


day In passing finally ON the Il
junction proceeding OF lPhoei
Gore and Others against ii
Clarksburg Zinc Company and othe.
declined to abate the company
plant as public nuisance. He d
cided from the evidence that ii
plant at this time does not dlschare
any poisonous gases or yapors in II
ali. His opinion in full Is as TO
lows:
Plaintiffs complain that by the op
GRAFTON OF the Clarksburg Zinc Work
noxlous gases and vapors are pro
duced, causing personal physical dis
comfort pain and injury. and the re
struction Of their vegetable gardens
fruit and shade trees. and for thes
reasons seek It's abatement as
nuisance.
The evidence taken and filed on be
half of the plaintiffs and defendant
Is voluniinous and conflicting. Briefly
yet substantially. the facts sought Il
.sbe established by the plaintiffs ar
that the smoke produced and emit
ted In the operation OF the plant con
tairs either a vapor, or gas, ant
which thus sur-charged, permeate'
the atmosphere about their premise.
and invades their dwellings. causing
discomfort to themselves and families
Irritating the throat and lungs OF
those who breathe II. producing dry
ness and inflammation of the throat
and air passages, thereby causing q
cough, and at times nausea of the
stomach. resulting in vomiting: and
within Its range. 1t is described as
more dense and heavy than the at
inosphere, and that therefore, 1t set
ties to the ground unless carried by
the wind. and when so carried, II
hangs in dense cloud near the
ground: cloud so dense as to OBJ
struct the sight of objects otherwise
In plain view. and that the grass
6'ONihb VII idI0s III tHC vicinity VI lIlt
plant. and within the range OF the
smoke. as carried by the varying air
currents. is destroyed for pasture.
Uncontradlcted, the facts thus
sought to be proven could not other
wise result than in an abatement OF
the plant as nuisance: but they are
contradicted by the defendants who
have introduced many witnesses the
trend of whose dispositions is in the
main to the effect that the operation
of the plant is not injurious in the re.
spect, at least not to the extent
claimed by plaintiffs. 1t is therefore
the duty of the court to examine the
facts impartlally. with the sole view
and purpose of ascertainlng what the
real facts are. so far as possible, from
a mass of approximate. 1000 pages
OF typewriter dispositions; $50 pages
on the part of plaintiffs and 964 pages
on the part OF defendants, and a.
completely in opposition each to tn,
other as perhaps ever occurs in the
trial of causes. In doing so the cour
must be guided, not by the judgment
of the representative person, but by
that of men reasonably sound in bod,
and temperate in judgment.
One fact at least is proven. in eff
feet practically conceded, viz: tina
at times. either prior TO the institu
ton of this suit, or afterwards and be
fore the Injunction was awarded. tn,
resultant effect from the plants OBJ
Grafton was injurious to both ANNA
and vegetable life. and especially TIL,
latter. for within reasonably brie
period. trees and plants within TIN
Immediate reach of the noxious case
or yhpors. and apparently healthful
We're about that time denuded to som
extent Of their foliage without appar
ent cause other than that reasonably
chargeable to the operation of tn
factory.
The defendants seek to excuse thi
result by evidence to the effect tina
the part of the plant generally know
as the rooster" was then hut re
Gently Installed and had not bee
properly reduced to good workin
basis. In other words. that 1t was
the experimental stage The case
or vapors produced from the opera
ton of the plant was conducted to an
permitted to escape into the air frol
wooden smoke-stack about so fe,
in height above the ground Brur
Terne. the expert chemist, witne
introduced by the defendants. says
his examination In chief. "nobos
could exist in that gas he was the
speaking of the gas emanating fro
the rooster as operated in July, 100
The Clarksburg Zinc Company co
sists In the main of the dIstilling fu
naces and the rooster. The distillll
furnaces were Installed some time
the fall of 1907. and in use and ope
u alton continuously from the time
Its Installation to the present. exec
when enjoined in this cause. From
are discharged into the air carb,
dioxide. steam, chloride of 2Jpc a,
oxide of zinc. Chloride OF siolc al
oxide Of zinc IRE said to be In, live
bafsnISss vapors. Carbon didilse 1