The herald. [volume] (New Orleans, La.) 1905-1953, 1911-06-08
SENATOR o'ccNNoR's LEGAL
TRIUMPH.

Louisiana in the noted case of Ben
edict NJ. Wichers vs.. New Orleans
Acid and Fertilizer Company afiirDi-
ing the judgment of the District Court
for a large sum OF money and which
determines issues involving many
thousands of dollars.
The case was strongly contested, no
expense being spared in its defense
for counsel or costs.
The case for the plaintiff was han
died in the trial court and in the
Supreme Court By our Senator, Rob
ert O'Connor and the result is Al nm.
qualified victory for him.
1t is refreshing to note in these sor-
did times, that not only Mr.. OCon-
nor's legal opponents, but the officers
of the defendant company, congratu-
lated him for his success. notwith.
standing their own defeat.
The decision was rendered by Mr..
Justice Sommerville, and is as fol
lows:
Plaintiff and defendant reside in the
town of Gretna, in this State, where
they are engaged in pursuing two
different, but very useful and worthy
lines of business. The former is
florist, and the latter, as its name in
dicates, is a manufacturer of fertili-
ger.
Plaintiff alleges that his property
and business have been largely dam
aged through the fault of defendant,
by the emission of fumes, gases, acids,
etc, from its factory, which have de-
stroyed the plants in his nursery.
Defendant answers by filing a gen.
eral denial.
There was judgment in favor of
plaintiff and defendant has appealed.
Plaintiff has answered the appeal, and
asks for an increase in the amount
of the judgment.
The case presents only question of
fact, concerning which much testi-
mony was heard on both sides. We
have read the 400 pages of the record
with much care and are of the opinion
that plaintiff has made out his case
He has sustained the burden of proof
and shown by preponderance of evil
dence that he has suffered damage
through the fault of defendant. His
large collection of ferns, said by some
witnesses to have been the largest
and best in the South, was totally de-
stroyed during the first week of Oc-
tober, 1908, by fumes, gases and acids /
emitted from the plant of defendant,
at the time that it was firing up at
the beginning of the fall season.
Some of defendants witnesses tes-
tify that defendants plant Is the most |
perfect fertilizer mandatory in the |
country, and that it emits no odors, |
and that the waste of acids is in such |
small quantities as to be harmless to
human and plant life. Other wit |
nesses for the defendant admit that |
the fumes are quite dark and heavy at |
times, the presence of sulphuric acid |
gas quite manifest, and that it rem
ders human beings uncomfortable |
Many witnesses on both sides testify |
to the Objectionable conditions attend
ing the operation of the factory prior
to the time of it's improvement in |
1904, when the Dens & Scrubber sys-
tenn was installed. for the purpose of
conveying the sulphurous gases into
the Mississippi river, below the sur
face of the water. There were also
installed the Gay-Lurrac and Glover
towers for the purpose of conserving
and recovering the acids formed dur.
ign the progress Of the work All of !!
these additions were real improve
ments, and they did very much to les
sen the damage wrought by the de-
PENDANTS plant, where materials so OBJ
noxious and harmful as sulphur acid,
phosphate, cotton seed meal, blood,
nitrate soda, potash, sulphate of pot
sha, ETC., were used. During the OPP
Grafton of the plant different gases
were formed, such as carbonic acid
gas, salicia, hydrofouric, chlorine,
nitrogen, etc. Some, if not all, of |
these gases are harmful to plant life,
IL emitted in sufficiently large quanti-
ties, but defendants witnesses say
that the component parts are all
measured, and that those parts which
escape are fntinitesimal and harm.
less. and are soon dissipated by the
air.
The weight of the evidence shows
that the position of defendant on this
point is more theoretical than prac.
teal Defendants superintendent
estihes that no test is made of the
Escape Of chlorine gas.
DIR. Schwartz, who was called as a
witness by both plaintiff and defend
ant, says: Il believe sulphurous
acid gas in large quantities is injuri.
suo to plant life. . Yes, l have
observed larger quantities than usual