Frederick Lyman POPPLE
1912 - Second Week of Superior Court. Baldwinville Man Suing Box Company for Alleged Property Damage.

The second week of the March sitting of superior court, for the consideration of civil cases began, this morning with Judge Crosby presiding. Practically the entire day was given to the trial of the case of Popple vs. New England Box Co., for which a large number of witnesses has been summoned by each side.

...Trial was then begun of the case of Fred L. Popple vs. New England Box Co., in which Walsh & Walsh of this city are counsel for the plaintiff and Flower & Flower of Greenfield for the defendant.

The action is one of tort, the date of the writ being Sept. 27, 1910. Plaintiff claims damages on the ground that the company so used its premises in Baldwinville, adjoining his home, as to interfere with his enjoyment of them and put him and members of his family to great inconvenience, with detriment to their health. The maintenance of a nuisance is also alleged. About 15 witnesses were sworn for the plaintiff. The answer of the defendant is a general denial.

Mrs. Popple, wife of plaintiff, testified that her home is within a few minutes of the factory of the defendant company, in which wooden boxes are made. The factory land is owned by a railroad company and lased by the defendant. The teamsters employed by the defendant made a practice of dumping waste wood, shavings and sawdust, within 150 feet of her house, where the material was burned. Fires sometimes lasted two or three days at a time. Cinders and smoke from these fires dirtied linen, etc. in her house, and she was frequently compelled to keep windows and doors closed for days at a time. She could not sleep at various times, on account of the fires, being obliged to get up many times during the night on account of the smoke, she had to wash her clothes several times.

The plaintiff, Fred L. Popple, testified to his purchase of his house, Jan. 1, 1906, but he had lived there for sometime previous. He is a watchman at the factory of Smith & Damon, and was previously employed by the defendant. When he moved to the house in 1905, very little material was burned on the company's land, but the quantity has been increasing. A couple of loads of shavings, etc., would be set on fire and more dumped on the blaze repeatedly before the flames had subsided. He read a list of dates of fires in 1910, and said that the smoke prevented him from sleeping during the day. The smoke and smell of pitch prevented the family from sitting outdoors. He had to get his house painted in 1907, on account of the smoke and while the painting was in progress the fires interfered with the work.

In cross examination, witness said that he worked for the box company from 1900 to 1907, and fires were made on the land during that period. They were not started so near his house, however, as they have been since. He denied that he had threatened to get even with the company at the time he left its employment. While in the defendant's employ he had made complaints of the smoke at various times to Mr. Shepardson but not since leaving. He has no ill feelings toward Mr. Shepardson, who is the agent of the company, but they do not speak to each other. He had seen Mr. Shepardson setting the fires of which he complains.

John T. Glasheon is foreman of the jury. The other members of the panel being Joseph A Rivers, Arthur W Bowles, Francis II Sawyer, Daniel Regan, John Olson, John Blair, Leon E Mansur, Edwin C Headle, Henry W Ashford, Charles F Thompson and L Birney Heald.

Fitchburg Daily Sentinel
Fitchburg, Massachusetts
March 18, 1912



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