WAGNER v. BURLINGTON INDUSTRIES, INC.

Nos. 19748-9.

423 F.2d 1319 (1970)

Mrs. Carrie WAGNER, Plaintiff-Appellee, v. BURLINGTON INDUSTRIES, INC., d/b/a Volunteer Textiles, Defendant-Appellant. Mrs. Carrie WAGNER, Plaintiff-Cross-Appellant, v. BURLINGTON INDUSTRIES, INC., d/b/a Volunteer Textiles, Defendant-Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

April 8, 1970.


Attorney(s) appearing for the Case

David S. Haynes, Bristol, Tenn., on brief for plaintiff-cross-appellant; Curtin, Haynes, Winston, Caldwell & Johnson, Bristol, Tenn., of counsel.

Ernest F. Smith, Kingsport, Tenn., for defendant-cross-appellee; S. Morris Hadden, Kingsport, Tenn., on the brief; Hunter, Smith, Davis, Norris, Waddey & Treadway, Kingsport, Tenn., of counsel.

Before WEICK, PECK and BROOKS, Circuit Judges.


WEICK, Circuit Judge.

Carrie Wagner sued Burlington Industries, Inc. (Burlington) in the District Court to recover damages for personal injuries and damages to her property allegedly resulting from the defendant's maintenance of a private nuisance on its premises. Burlington's textile mill was located about a half block away from her home. Defendant installed in its mill "high speed looms" in April, 1965. Mrs. Wagner alleged that the operation of these "high speed...

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