[Download] "Guttinger v. Calaveras Cement Co." by Third Appellate District District Court Of Appeal Of California " eBook PDF Kindle ePub Free
eBook details
- Title: Guttinger v. Calaveras Cement Co.
- Author : Third Appellate District District Court Of Appeal Of California
- Release Date : January 12, 1951
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
[105 CalApp2d Page 384] This was an action brought to enjoin a nuisance. Originally there were six plaintiffs. Judgment was given in favor of all of them for injunctive relief and in favor of five of them for damages. Four of the plaintiffs have appealed. They are Albert Guttinger, Louis B. Joses, Frank and Colombo Oneto. The defendant for long has operated in the vicinity of plaintiffs' lands a plant for the production of cement. During 1946 and 1947 the capacity of the plant was extended by the addition of a third kiln to the two already operating. Through this means and the increased use of the existing kilns the production of the plant was greatly increased. In 1945, 1,188,000 pounds of cement were produced and in 1948, 1,825,000 pounds were produced. In 1937 a two unit Cottrell precipitator was installed to reduce the amount of dust and gases being discharged into the surrounding atmosphere from the stack. Prior to the trial the defendant started to install an additional precipitator unit and it was testified that it would be in operation shortly after the close of the trial. During the period of increased activity in cement production and up to the time of trial dust and gases escaping from the stack were carried over and deposited upon portions of each plaintiff's land and the testimony was sufficient to sustain findings of the jury that damage was caused and to sustain the determination by the court that the method of operation constituted a nuisance. The jury awarded damages to appellant Guttinger in the sum of $3,439.75, to appellant Joses in the sum of $660, and to appellants Frank and Colombo Oneto in the sum of $2,298.80. The trial court rendered judgments in those sums and also granted injunctive relief. It commanded the defendant to desist and refrain, after June 30, 1949, from permitting stack dust or raw mix in powdered form to be discharged from its stack ""in excess of thirteen [105 CalApp2d Page 385] per cent (13%) of all flue dust and/or raw mix in powdered form which would, or could, be emitted or discharged from defendant's said kilns, or any thereof, in the absence of any dust collecting or precipitating device."" It further ordered that in determining the quantity of discharge ""the method used shall be that described in Bulletin WP 50 entitled 'Methods for Determination of Velocity, Volume, Dust and Mist Content of Gases,' published by Western Precipitation Corporation, or other equally reliable, accurate and approved method of determination."" The court further ordered that the defendant keep in continuous operation all three units of the precipitator during the operation of any two or more of the kilns and not less than two units of the precipitator during the operation of not more than one of the kilns; that defendant keep each precipitator unit in good operating condition in order to provide ""within reasonable limits, maximum operating efficiency, and with a dust recovery efficiency of not less than eighty-seven per cent (87%) at all times."" The court allowed a reasonable time, not exceeding a total of 10 days in any calendar year, for upkeep and repair purposes, during which intervals the defendant was not to be subject to the restraints imposed.