Jordan

This action for damages was tried with United Verde Copper Company v. Jordan et al., 14 F.(2d) 299 . Reference to the opinion in that ease will explain the nature of the action. Plaintiffs were the same; the damages sued for were in the same amounts,-and are alleged to have occurred during the same period of time and to the same crops and upon the same property. Verdict was in favor of the plaintiffs and against this defendant in the same amount as in the other case. Defendant’s smelter is about four miles from plaintiffs’ lands, and had but one stack.

On the trial this defendant did not stand on its motion for a directed verdict, hut introduced testimony tending to show that the damage to the crops, trees, and vines on the farms of the plaintiffs was in part caused by plant disease, insects, blight, and unfavorable soil and climatic conditions. Defendant did not attempt to deny that the smoke from its smelter spread over plaintiffs’ lands and in-jured the crops to some extent. On the contrary, some of the testimony of the defendant was that about one of the times when the smoke hung over certain of the lands described in the complaint there were smoke markings around the edges…