Downing v. Elliott

The plaintiff is engaged in the ice business and is the owner of a pond in Brighton from which he cuts ice for family and wholesale trade. The defendant is the owner of a greenhouse near the pond and heated by steam. Prior to the bringing of the bill he had used soft coal. And the bill alleges that smoke, dust, soot and cinders were thereby deposited in the plaintiff’s pond and the ice rendered unfit for use. The prayer of the bill is, that the defendant may be restrained from using soft coal or other fuel that will interfere with or injure the property or business of the plaintiff, and for…