McKay v. Kelly

HUGHES, Justice.

Scott McKay and wife, Helen McKay, appellants, sued W. A. Kelly, doing business as Kelly Construction Company,' for damages to their property alleged to have been ' caused by ' blasting' done by appellee in his operation of a n’earby caliche pit.’ Injunctive relief wás also sought.

When appellants rested ■ their case, - the-court, upon appellee’s request, instructed the jury to return a'verdict for him. Upon this being done judgment was rendered denying appellants any relief.

The controlling issue before the court is-stated by appellee in his brief as follows: “The issue made by…