Conti v. New Castle Lime & Stone Co.

Opinion by

Porter, P. J.,

'This is an action in trespass by plaintiff for damages alleged to have been sustained by the falling of dust on land of plaintiff, said dust arising from the pulverizing of limestone in the “Pulverizing Plant” of the defendant, located on land adjoining that of the plaintiff. The damages claimed for were for injury to the vegetation, crops and fruit growing on land of the plaintiff. The plaintiff recovered a judg ment in the court below and the appeal is by the defendant corporation.

The evidence at the trial established the following undisputed facts. The Lake Erie…