O'Hair

O'Hair v. California Prune & Apricot Growers Ass'n

Good Law
130 Cal. App. 673·20 P.2d 375
Court of Appeal of CaliforniaMarch 29, 1933Docket No. 4699.California1,378 words

Opinion

Lead Opinion

Pullen, J.

Plaintiff brought this action for damages and to enjoin the continuance of a nuisance by defendants upon her lands.

In 1912 the City of Colusa acquired a permanent right to discharge sewage into a slough flowing through the lands of plaintiff. In 1912 a prune processing plant was erected by Growers Packing & Warehousing Association, Inc., outside of but contiguous to the limits of the City of Colusa, and by permission of the city the sewer-pipes of said plant were connected with the sewer system of the city, and the waste waters from the plant which was operated by defend ant California Prune and Apricot Growers Association, a corporation, together with the sewage of the city, were conveyed through the septic system of the municipality and discharged into a slough on the lands of plaintiff. Neither the packing plant nor the city obtained the consent of plaintiff nor her predecessor in interest to thus dispose of the waters from the packing plant, and plaintiff now seeks damages for injuries to her lands, claiming the waters from the plant are impregnated with lye and other chemicals which create offensive odors, make the waters of the slough unfit for livestock to drink, and…

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