Moon v. National Wall-Plaster Co. of America

Defendant constructed a factory and put therein machinery for the purpose of calcining gypsum rock and manufacturing wall plaster. This plant was located in a not thickly populated part of the country district, not far from Syracuse. The machinery was extensive and more or less novel in its character. Operation with it was commenced about July ninth, and owing to some defects therein, from time to time large quantities of dust were' emitted and thrown upon plaintiff’s neighboring premises, causing him damages which were assessed upon the trial at eighty-three dollars and ninety-six cents.…