Russell v. American Rock Crusher Co.

The opinion of the court was delivered by

Hall, J.:

This is an appeal from an order overruling a demurrer to the petition in a suit by the plaintiff to recover damages from the defendant for fraud and trespass.

In her first amended petition the plaintiff alleges that she is the owner of certain real property; that the defendant, J. E. Tobin, is an individual who has for the past seven (7) years supervised and directed the quarrying operations of the defendant American Rock Crusher Company in close proximity to the plaintiff’s land; that said company is a corporation.

The plaintiff further alleges…