69 So. 281 | La. | 1915
The plaintiff sued for $2,200 damages alleged to have been done to his farm by the pollution of a creek that runs through it. The defendant owns and operates a creosoting plant on or near the bank of the creek, about a mile and a half above the plaintiff’s farm. In addition to the demand for damages, the plaintiff prayed that the defendant be perpetually enjoined from allowing any creosoting oil or fluid to escape from its plant and flow into the creek.
The district court rendered judgment in favor of the plaintiff for $200, and the defendant appealed. The plaintiff has answered the appeal, praying that the judgment be amended so as to give him all the relief prayed for in his petition.
Having examined a record containing 373 pages of typewritten testimony, we arrive at the conclusion that the judgment is liberal, but not excessive.
Although the plea of prescription of one year may be good as to some of the items of damage sued for, it was properly overruled as to the items which we assume formed the basis of the judgment appealed from.
The judgment is affirmed, at the cost of the appellant.