Strobel v. Kerr Salt Co.
New York Supreme Court
58 N.E. 142 (1900)
- Written by Rose VanHofwegen, JD
Facts
William Strobel and 13 others (plaintiffs) owned mills and manufactories that had operated on Oatka Creek since as early as 1825. The water remained pure and unpolluted until Kerr Salt Co. (Kerr) (defendant) began manufacturing salt upstream. Runoff carried salt waste into the stream, making it so salty it killed fish and vegetation and livestock would not drink it. Salt became the leading industry of the Oatka Valley, and 12 other salt works using the same processes contributed even more salt to the creek. The saltwater rusted machinery, damaged boilers, and required frequent replacement of pipes and fittings. The early mills and manufactories sued to prevent Kerr from polluting the creek. Before trial, Kerr dug a trench between its salt works and the creek designed to redirect salty runoff back into salt wells. The trial court found Kerr’s use reasonable and necessary, because Kerr had a legal right to excavate salt and leave it on the ground, and that downstream users were not entitled to relief even if the salt washed into the creek and made it unusable. Seven of the early mills and manufactories appealed.
Rule of Law
Issue
Holding and Reasoning (Vann, J.)
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