Frey v. Queen City Paper Co.

OPINION

By HORNBECK, P. J.

This is an appeal on questions of law from a judgment on behalf of defendant after the trial judge upon trial had sustained a demurrer at the conclusion of plaintiff’s case.

The action originally proceeded as for an injunction restraining the continuance of a nuisance and for property damages and damages by reason of personal inconvenience. Upon the trial of the cause, plaintiff withdrew his prayer for injunction and the cause proceeded upon his claim for damages. The nuisance of which plaintiff complained and upon which he predicated his cause of action was the…