J.H. Borland, Sr. v. Sanders Lead Co.

J.H. Borland, Sr., and Sarah Borland (plaintiffs) owned 159 acres used for cattle, crops, and a pecan orchard, near a smelter operated by Sanders Lead Company (defendant) to recover lead from used car batteries. Sanders Lead filtered the smelter's smoke in compliance with Alabama's Air Pollution Control Act, but the filtered smoke still released lead particulates and sulfoxide gases, and the filtration system had twice malfunctioned and burned down. The Borlands sued for trespass, alleging the deposited particulates and gases made their land unsuitable for cattle or food production; the trial court ruled for Sanders Lead, reasoning compliance with the pollution statute precluded liability, and the Borlands appealed.