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Ducktown SmokeThe Fight over One of the South's Greatest Environmental Disasters$
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Duncan Maysilles

Print publication date: 2011

Print ISBN-13: 9780807834596

Published to North Carolina Scholarship Online: July 2014

DOI: 10.5149/9780807877937_maysilles

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The Farmers and the Copper Companies Wage Battle in the Tennessee Courts

The Farmers and the Copper Companies Wage Battle in the Tennessee Courts

(p.58) 3 The Farmers and the Copper Companies Wage Battle in the Tennessee Courts
Ducktown Smoke

Duncan Maysilles

University of North Carolina Press

This chapter discusses the smoke wars and how Attorney P. B. Mayfield bragged that his aggressive defense strategy in Ducktown Sulphur, Copper & Iron Co. v. Barnes “resulted in all the suits, but three, being dismissed, and doubtless other suits contemplated, were delayed and abandoned.” Margaret Madison, her son William, and J. A. Fortner were the only claimants of the ten to recover damages, and the sums they received were so small and so delayed as to make a mockery of their seven years of smoke litigation in the Tennessee courts. They had won every point of law, yet if success is measured by the money awarded, especially considering the great expense of time and trouble to obtain it, the mountaineer farmers had to admit that they lost the first round of the smoke wars to the copper industry.

Keywords:   smoke wars, P. B. Mayfield, aggressive defense strategy, Margaret Madison, J. A. Fortner, smoke litigation

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