Meader

On January 31,1957, W. S. Meader and May Meader, husband and wife, filed complaints in the United States District Court for the District of Idaho, Eastern Division, against Food Machinery & Chemical Corporation and J. R. Simplot Company. 1 The Meaders sought to recover for damages allegedly resulting from the operation of the defendants’ industrial plants which were located near the plaintiffs’ trout hatchery. The district court’s jurisdiction was based on diversity of citizenship, 28 U.S.C.A. § 1332 . After a trial before a jury judgment for damages was entered against the defendants. Timely notice of appeal was filed, and this court has jurisdiction of the appeal under the provisions of 28 U.S. C.A. §§ 1291 and 1294.

Warren S. Meader and May Meader, appellees herein, were the owners of a “trout farm” and hatchery located in Power County, Idaho, and the appellants are the owners and operators of industrial plants located about two miles from the Meaders’ trout farm. 2 It is undisputed that quantities of fluorine compounds were given off in the manufacturing processes of the appellants; and the Meaders claim that these compounds, both solid and gaseous, contaminated their…