Gilbert v. Evens & Howard Fire Brick Co.

Plaintiff recovered a judgment in the sum of $1750 against the defendant in an action for injury done to her property alleged to have been caused by blasting of the defendant, which is a corporation and was engaged in the business of mining clay under the surface of the ground in the proximity of plaintiff’s real estate.

Defendant, who in due course brings this appeal, urges as its first point that the trial court erred in not sustaining defendant’s demurrer to the evidence at the close of the case because, (a) the injury to plaintiff’s property, according to the evidence, could by reasonable…