Jump to Navigation
Jump to Content

Cook Indus. v. Carlson

Citation: 2 ELR 20548
No. No. DC 701-K, 334 F. Supp. 809/3 ERC 1799/(N.D. Miss., 12/03/1971)

The plaintiffs, a municipality and a manufacturer, are entitled to an order preventing the defendant landowners from interfering with a valid easement to use a drainage ditch for clear water disposal. The action of the defendants in blocking the ditch and thus forcing the closing of the plant was excessive; the manufacturer is entitled to damages measured by loss of net profits if proven or nominal damages otherwise. However, the easement could not be enlarged to include the discharge of polluted water. No prescription to maintain a private nuisance will arise unless the nuisance was maintained in the same manner and with equally injurious results throughout the entire period. The defendants are entitled to damages for the diminution of value of their property or, if no diminution is shown, then nominal damages. The plaintiffs must abate the nuisance. If they have failed to abate the nuisance within thirteen months, the defendants will be entitled to substantial damages for permanent injury to their property.

Counsel for Plaintiffs
Pat D. Holcomb
Holcomb, Connell & Fleming
P.O. Box 368
Clarksdale, Miss. 38614

Ben M. Caldwell
P.O. Box 370
Marks, Miss. 38646

Counsel for Defendants
Ted Lucas Smith
P.O. Box 598
Batesville, Miss. 38606

James F. Schaeffer
Schaeffer & Kee
100 North Maine Building
Memphis, Tenn. 38103