The Camas Post
December 9, 1932
C.W.P. Co. to Appeal $5,000 Hinz Judgment
Local Hotelman Gets Damages in “Odor” Suit on Three Counts
Asked for $26,461.70
Original $71,000 Sum Pared Before Trial; Judgment Given for Loss to Business, Injury to Fixture and Throat
Plans to appeal the $5,000 judgement awarded Paul Hinz against the Crown Willamette Paper company in his widely heralded ‘odor’ suit were announced this week by defense counsel.
The first action of the company will be to move that the court give a judgement to the defendants notwithstanding the verdict. If unsuccessful a motion for a new trial will be entered. Should this not be granted by the lower court the case will then be carried to the state supreme court.
Jury out 8 hours
The Jury brought out its verdict at 9:30 a.m. Tuesday after eight hours deliberation and awarded Mr. Hinz damages on three counts:
- For injury to his business allegedly caused by the noxious kraft mill fumes driving patrons from his hotel establishment, $1,800.
- For alleged damage to metal fixtures and other parts of his hotel by corrosive fumes, $1,000.
- For alleged injury to the mucous membranes of his nose and throat, thus impairing his health, $2,200.
Suit Reduced
The original suit filed last April sought a total of $71,461.70, but before the trial last week this sum was reduced by stipulation to $26,461.70. Of this amount Mr. Hinz asked for $5,206.70 for loss of income in his hotel business, $6, 255 for repairs necessary on his building due to destruction by the fumes, $10,000 for injury to his health, and $5,000 for damage to the draperies. On the later count the jury decided he sustained no loss. The count that was dropped before the trial was for $45,000 alleged loss in the value of his establishment as a hotel business.
More than a score of Camas residents were called to testify during the trial as witness for both plaintiff and defendant. Plaintiff testimony was use din an effort to prove that the kraft mill constituted a nuisance and that property had been damaged by the gases. Defendant witnesses, on the other hand, testified that the gases were not damaging either to health or property.
Case Might Set Precedent
Legal circles were of the belief that should the case finally be settled in favor of Mr. hinz it might set a precedent that would invite other similar suits not only here but in other localities where pulp and paper plants are located.
Another local suit similar to that brought by Mr. Hinz is already pending — that of Bessie May Bowen who is asking for $5,000 for alleged damage to the value of her property. This case was scheduled to be tried in the present jury term but by agreement between attorneys for Mrs. Mowen (sic) and the C.W.P. Co., the case will be held over until the next term.
the Hinz case was tried before Judge McKenny of Kelso
More Primary Sources:
Newspaper article: ‘Odor’ Case Goes to Trial Tuesday
1932 Op-Ed: “There Are Compensations”
Courts: See Hinz v. Crown Willamette Paper Company
