Industrial Minerals - The Calaveras Cement Co. Dust Suit

IN March 1949 the Calaveras Cement Co. was sued by five landowners whose properties are located in the vicinity of the plant. These landowners—all of them cattle ranchers—sued for dust damages of $120,338 and for an injunction preventing the company from casting dust upon their properties in injurious quantities. The issue was split, the jury deciding the amount of damages and the court handling the injunction features. The action came to trial before a jury in April of that year and resulted in damages being awarded in the amount of $7,508. A month later the court issued its injunction requiring recovery of stack dust to an 87 pct minimum. The Calaveras plant, shown in Fig. 1, is located three miles from San Andreas in the heart of the Mother Lode country, about 45 miles east of Stockton, Calif. Since it is in a small town, the company's responsibilities to its employees and to the community are different from those of plants located in large centers of population. Construction of the plant was begun in 1925, and production was started the following year. Standard gray Portland cement as well as several specialty cements are produced. Production facilities have been continually enlarged so that the present capacity is more than double what it was 25 years, ago. The most important item in the company's expansion program was the purchase in 1945 of an 11 ft 3 in. x 360 ft Allis-Chalmers kiln which had been declared surplus by the Defense Plant Corp. The company is now able to produce about 2,500,000 bbl of cement a year, and employment at the plant is approximately 300. The production of cement has always involved a dust problem, solution of which has been attempted in a number of different ways. By far the most efficient method of catching dust discharge is electric precipitation. Soon after the company went into production in the 1920's, the landowners near the plant began complaining about dust discharge. The company settled the matter by paying them a total of $27,000 for dust damages incurred during the period from 1929 to 1938. In the latter year the two-unit Cot-trell Electric Precipitator shown in Fig. 2 was installed and collected over 85 pct of the dust resulting from operation of the two 11 ft 3 in. x 10 ft x 240 in. kilns. From 1938 until 1946 the landowners registered no objection and were apparently satisfied with that dust recovery. In 1946, however, the substantially higher production resulting from operation of the new kiln immediately overtaxed the facilities of the existing two-unit precipitator. In a short time claims for dust damages were again received from the landowners. The company informed them that because of postwar shortages it would take several years to install a new precipitator. The company stated that it intended to purchase an additional precipitator and offered in the meanwhile to pay the landowners a fair amount to cover their damages. This offer was rejected and the landowners filed suit in the Superior Court of Calaveras County asking for total damages of $120,-338 and for the injunction outlined above. Case for the Ranchers The attorneys for the plaintiffs produced three different types of witnesses: first, the landowners themselves and members of their families; second, other cattle raisers who were sympathetic to the plaintiffs; and third, several types of technical experts: veterinarians, soil chemists, and an aerial photographer. The testimony of these witnesses was designed to establish that the flue dust from the plant had not only damaged the land and the forage, but had also caused fluorine poisoning to their animals. By a combination of these causes, the plaintiffs attempted to prove substantial loss of profits.