The Birmingham age-herald., 1912-02-15
SEEK DAMAGES AS RESULT OF B|G DAM Suits Against Tennessee Co.
 and Semet-SOlvay SAY CREEK RAN DRY ------ Causing Stagnant Water to Form Which Proved Injurious to
 the Health of the Compliments

A number of suits in which dana ges are sought ranging from s1o00o to Ss0oo were filed yesterday in the city court of Birmingham against the Tennessee Coal, Iron and Railroad company and the 1 Semet-Solvay company, in which the plaintiffs seek to recover alleged dam ages to their persons and property re- suting from the construction of the big dam on Village creek, recently con structed by the Tennessee company at an ] outlay of over S1,00o,000
 | The compliments severally allege that the Semet-Solvay company has wrongful | ly discharged large quantities of sewer age, refuse and other polluting material into the creek, and that the action of ] the Tennessee company In building the dam had caused the creek to run dry during the summer months of last year, leaving pools of stagnant water, emitting noxious and nauseating odors and caus- ing sickness and discomfort to the com plainants.
 The plaintiffs in the several cases are w. D. Coker and Martha Lindberg, who sue for $loO00 each: John Cooper. Robert Cooper, Arphelia Cooper, Annie Cooper. A. J. Higgans. ]. w Black, E. P Cot | ton and Jonathan Hurd. all of whom sue for $30C0 each
 The Tennessee Coal, Iron and Railroad company and the Semet- Solvay company are made joint defendants to the suits. 1 Burgin. Jenkins X Brown are the attor- neys for the plaintiffs.
 | | plaintiffs were during the year of 1911 in 1 the lawful possession of lands situated in 1 or near the northeast quarter of sec | tlon 36, township H. range west. oc- cupying said premises as homes. and that prior to the said year and before the wrongful acts of the defendants, there was a running stream known as Village creek. and that during the said year defendant Semet-solvay company wrong fully emptied or discharged large quanti- ties of sewerage, refuse and other pollut-
 ing materials into said stream so that it became very filthy" Continuing the com paint says:
 That during the said year the Ten nessee Coal. Iron and Railroad company maintained or caused to be maintained a dam or embankment across said stream above the point where it passed the said l premises in such a manner that during the summer and fall months of said year said stream became almost wholly dry. so that in the neghborhood of the plain tins said home the water in the stream became stagnant and covered with scum and other filth causing noxious and nau- seating odors 10 be emitted therefroni, and breeding large quantities of mos qultoes.
 | "Plantiffs aver that The odors and mos auitoes from said stream were so offen- sive and aggravating to the plaintiffs and their families that they were almost un-
 bearable causing plaintiffs and families to become sick with malaria fever and other diseases, to spend large sum of money for medical treatment and loss of service, etc. etc, hence the suit"
 The parties bringing the suits are all well known residents of the county, many of them having lived on the premises mentioned in the complaint for long period of years.