Reynolds Metals Company, a Corporation, and Henry W. Shoemaker v. I. B. Wand and Alice R. Wand

The appellees-plaintiffs filed a complaint against the appellants in the Circuit Court of the State of Oregon describing the complaint as one for “damages for trespass and nuisance”. Thereafter the cause was removed on the petition of appellants-defendants to the above named District Court of the United States.

The complaint alleged that during the period beginning May 1, 1957, and continuing until the commencement of the action, which was on July 13, 1959, the defendants, in the operation of a certain manufacturing establishment near Trout-dale, Oregon, invaded the plaintiffs’ property, consisting of approximately 16 acres upon which they had been engaged in raising lilies, bulbs and flowers, and deposited thereon various noxious and dangerous gases, fumes and particulates; that this invasion rendered plaintiffs’ property unfit for the growing of such products and deprived them of the use and enjoyment of their property; that they had been prevented from engaging in the bulb growing business, and in consequence for the injuries claimed they sought compensatory damages of $30,-000, and $500,000 as punitive and exemplary damages.

The defendants’ answer pleaded, among other…