Georgia v. Tennessee Copper Co., 237 U.S. 474 (1915)

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Georgia v. Tennessee Copper Company


No. 1, Original


Argued April 6, 7, 1915
Decided May 10, 1915
237 U.S. 474

MOTION TO ENTER A FINAL DECREE AGAINST THE DUCKTOWN
SULPHUR, COPPER & IRON COMPANY, LIMITED

Syllabus

The defendant Ducktown Sulphur Copper & Iron Company and the State of Georgia not having agreed as to the method of operation of the furnaces of the former, and additional testimony having been taken relating to alleged changed conditions since 1907 and it appearing that the furnaces are emitting fumes in excess of what is proper, held that:

A final decree against the Ducktown Company be now entered restraining it from operating its plant except upon the terms specified therein, the cause to be retained for further action and either side may present a decree in conformity with this decision.

Final decree ordered in 206 U.S. 230 against defendant Ducktown Company.

The facts, which involve questions of nuisance arising from fumes from smelting ore and the power of the court to enjoin the same at the instance of a state, are stated in the opinion.