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Madison v. Ducktown Sulphur, Copper & Iron Co.

83 S.W. 658 (1904)
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  • Madison v. Ducktown Sulphur, Copper & Ir…Madison v. Ducktown Sulphur, Copper & Iron Co.
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Madison v. Ducktown Sulphur, Copper & Iron Co.

Tennessee Supreme Court
83 S.W. 658 (1904)

Facts

Madison and several other residents (plaintiffs) filed suit against Ducktown Sulphur and Copper & Iron Company (defendants), claiming the two companies’ copper mining operations caused a significant nuisance to plaintiffs’ enjoyment of their lands. Defendants reduced their mined copper ore by placing it on layers or wood called “roast piles,” and igniting the piles to expel the “sulphurets” from the ores. Consequently, large plumes of smoke spread across the countryside and onto plaintiffs’ lands, destroying timber and harming crops. Plaintiffs sought injunctive relief to stop defendants’ use of the “roast piles” method. The trial court granted plaintiffs’ request for injunction and defendants appealed.

Rule of Law

Issue

Holding and Reasoning (Neil, J.)

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