Wallace v. Miller

Opinion

RATTIGAN, Acting P. J.

At all times pertinent to this action, plaintiffs and appellants Walter W. Wallace and Marion V. Wallace (plaintiffs) owned and lived on a parcel of land in Del Norte County. Defendant and respondent Valdon Miller operated a rock quarry on an adjacent parcel, which he leased from defendant Robert Stary (who has not appeared on the appeal). Plaintiffs brought this action against both defendants, seeking (1) to enjoin the blasting of dynamite at the quarry and (2) to recover damages allegedly incurred as the result of blasting.

The trial court successively issued…