Barrett v. Federal Crushed Stone Corp.

In this action, brought and tried in equity, the plaintiffs, on the theory of nuisance, seek to recover damage from the defendant for injury which the plaintiffs claim was done to their premises by reason of the operations of the defefidant in quarrying. The premises of the plaintiffs are situated on the north side of Bennett road in the town of Cheektowaga, Erie county, N. Y., and contain about an acre of land on which there is located a large three-story building used as a hotel. The building, substantial in type, was erected about the year 1898 and the additions thereto were made in the…