Connor v. Thornton

Griffin Smith, Chief Justice.

Bert L. Connor and his wife, Vicie, sought to enjoin D. P. and R. E. Thornton from operating a sawmill on lands without the corporate limits of Hot Springs, an allegation being that because of proximity to their residence, value of the property and its utility as a home were impaired. The prayer was for abatement of the so-called nuisance, and for $2,000 to compensate damages. The complaint was dismissed on motion when the Court found as a matter of law that the plaintiffs were of a class, and that rights had been previously adjudicated.

Facts were that in 1942 and…