state
tennessee
copper
argued
decided
may
ligon
johnson
john
hart
complainant
james
parks
howard
cornick
john
frantz
james
wright
martin
vogel
defendants
justice
holmes
delivered
opinion
bill
equity
filed
state
georgia
pursuance
resolution
legislature
direction
governor
state
enjoin
defendant
copper
companies
discharging
noxious
gas
works
tennessee
plaintiff
territory
alleges
consequence
discharge
wholesale
destruction
forests
orchards
crops
going
injuries
done
threatened
five
counties
state
alleges
also
vain
application
state
tennessee
relief
preliminary
injunction
denied
ground
fear
great
irreparable
damage
might
done
early
day
fixed
final
hearing
parties
given
leave
minded
try
case
affidavits
done
without
objection
although
method
unsatisfactory
decision
turned
nice
question
fact
view
take
think
unlikely
either
party
suffered
harm
case
argued
largely
one
two
private
parties
elements
relied
upon
suit
ground
equitable
relief
wanting
state
owns
little
territory
alleged
affected
damage
capable
estimate
money
possibly
least
small
suit
state
injury
capacity
capacity
state
interest
independent
behind
titles
citizens
earth
air
within
domain
last
word
whether
mountains
shall
stripped
forests
inhabitants
shall
breathe
pure
air
might
pay
individuals
utter
word
remains
final
power
alleged
damage
state
private
owner
merely
makeweight
may
lay
one
side
dispute
whether
destruction
forests
led
gullying
roads
caution
demands
sort
part
state
relief
injuries
analogous
torts
must
examined
dwelt
upon
missouri
illinois
ed
sup
plain
demands
must
recognized
grounds
alleged
proved
union
made
forcible
abatement
outside
nuisances
impossible
thereby
agree
submit
whatever
might
done
renounce
possibility
making
reasonable
demands
ground
still
remaining
interests
alternative
force
suit
missouri
illinosi
ed
sup
peculiarities
necessarily
mark
suit
kind
state
case
somewhat
certainly
entitled
specific
relief
private
party
might
lightly
required
give
rights
pay
apart
difficulty
valuing
rights
money
choice
may
insist
infraction
shall
stopped
entering
union
sink
position
private
owners
subject
one
system
private
law
quite
freedom
balance
harm
done
injunction
plaintiff
complains
deciding
two
subjects
single
political
power
without
excluding
considerations
equity
always
takes
account
give
weight
given
argument
comparison
damage
threatened
plaintiff
calamity
possible
stop
defendants
business
question
health
character
forests
first
second
growth
commercial
possibility
impossibility
reducing
fumes
sulphuric
acid
special
adaptation
business
place
fair
reasonable
demand
part
sovereign
air
territory
polluted
great
scale
sulphurous
acid
gas
forests
mountains
better
worse
whatever
domestic
destruction
suffered
destroyed
threatened
act
persons
beyond
control
crops
orchards
hills
endangered
source
demand
enforced
must
notwithstanding
hesitation
might
feel
suit
private
parties
doubt
whether
injuries
might
suffering
property
left
action
law
proof
requires
words
denied
defendants
generate
works
near
georgia
line
large
quantities
sulphur
dioxid
becomes
sulphurous
acid
mixture
air
hardly
denied
denied
success
gas
often
carried
wind
great
distances
great
tracts
georgia
land
evidence
pollution
air
magnitude
pollution
open
dispute
without
attempt
go
details
immaterial
suit
proper
add
satisfied
preponderance
evidence
sulphurous
fumes
cause
threaten
damage
able
scale
forests
vegetable
life
health
within
plaintiff
state
make
case
within
requirements
missouri
illinois
ed
sup
whether
georgia
insisting
upon
claim
harm
good
citizens
determine
possible
disaster
outside
state
must
accepted
consequence
standing
upon
extreme
rights
argued
state
guilty
laches
deem
unnecessary
consider
far
defense
available
suit
sort
since
opinion
due
diligence
shown
conditions
different
recent
years
evil
grown
greater
state
brought
bill
defendants
however
already
abandoning
old
method
roasting
ore
open
heaps
hoped
change
stop
trouble
ready
agree
return
method
upon
agreement
made
bill
dismissed
without
prejudice
plaintiff
finds
thinks
finds
tall
chimneys
present
use
cause
poisonous
gases
carried
greater
distances
ever
evil
helped
state
georgia
adheres
determination
alternative
issuing
injunction
allowing
reasonable
time
defendants
complete
structures
building
efforts
making
stop
fumes
plaintiff
may
submit
form
decree
coming
october
next
injunction
issue
justice
harlan
concurring
state
georgia
opinion
entitled
general
relief
sought
bill
therefore
concur
result
things
however
contained
opinion
implied
language
concur
constitution
gave
original
jurisdiction
cases
state
shall
party
intended
think
authorize
apply
behalf
principle
rule
equity
applied
facts
suits
wholly
private
parties
suit
private
parties
evidence
equity
give
plaintiff
injunction
grant
relief
like
circumstances
plaintiff
happens
state
possessing
powers
sovereignty
georgia
entitled
relief
sought
state
party
established
right
relief
proof
opinion
mistake
scope
proceeds
largely
upon
ground
sitting
case
equity
owes
special
duty
georgia
state
although
party
facts
owe
duty
plaintiff
individual