46 



The Florists^ Review 



JOLT 7. 1921 



5 



of the Canadian department of agricul- 

 ture: 



Soluble Biilplmr, 1 ounce by welglit. 

 Hlack-lenf 40. 1 fluid ouuce. 

 Water, 6 Kullons. 



This mixture was tested in large 

 greenhouses in Ottawa, Montreal, Hali- 

 fax and other places, and in every case 

 satisfactory results were secured, re- 

 ports Mr. Gibson. Three applications 

 at intervals of one week apart are ad- 

 visable. The mixture should be applied 

 as an under spray. 



REDRESS FOR FUMES DAMAGE. 



Leading Legal Opinion. 



The appellate court reports of the 

 country show that the florist has not 

 been a frequent litigant, but it is 

 equally interesting and important to 

 note that, in the few cases which have 

 gone to the courts of last resort, his 

 percentage of victories has been large. 



One of the most important of these 

 cases is that of Wicher vs. New Orleans 

 Acid & Fertilizer Co., 128 Louisiana Re- 

 ports, 1011. The opinion in this case 

 is the leading opinion on the proposi- 

 tion that the owner of a greenhouse or 

 nursery is entitled to redress against 

 the owner or occupant of nearby 

 premises, on account of the discharge 

 of noxious fumes, gases, etc., under 

 such circumstances as to injure or de- 

 stroy the stock growing in such green- 

 house or nursery. 



Affirming judgment in plaintiff's fa- 

 vor, the court said: 



"Plaintiff and defendant reside in 

 the town of Gretna, in this state, where 

 they are engaged in pursuing two dif- 

 ferent, but useful and worthy lines of 

 business. The former is a florist, and 

 the latter, as its name indicates, is a 

 manufacturer of fertilizer. 



"Plaintiff alleges that his property 

 and business have been largely dam- 

 aged, through the fault of ■ defendant, 

 by the emission of fumes, gases, acids 

 and so on, from its factory, which have 

 destroyed the plants in his nursery. 



Defendant Denies Damage. 



"Defendant answers by filing a gen- 

 eral denial. 



"There was judgment in favor of 

 plaintiff for $1,000, and defendant has 

 appealed. Plaintiff has answered the 

 appeal, and asks for an increase in the 

 amount of the judgment. 



"The case presents only a. question 

 of fact, concerning which much testi- 

 mony was heard on both sides. We 

 have read the 460 pages of the record 

 with much care, and are of the opinion 

 that plaintiff has made out his case. 

 He has sustained the burden of proof, 

 and shown by a preponderance of evi- 

 dence that he has suffered damage 

 through the fault of defendant. His 

 large colleetion of ferns, said by some 

 witnesses to have been the largest and 

 best ill the south, was practically de- 

 stroyed during the first week of Oc- 

 tober, by fumes, gases and acids 

 emitted from the plant of defendant, at 

 the time that it was firing up at the 

 beginning of the fall season. 



"Some of defend;nit 's witnesses tes- 

 tify that defendant's factory is the 

 most ])orfect fertilizer manufnetory in 

 the country, and that it emits no odors, 

 and that the waste of acids is in such 

 small quantities as to be harmless to 

 human and plant life. Other witnesses 

 for defendant admit that the fumes 



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