Vowinckel v. N. Clark & Sons

THE COURT.

This is an appeal from a judgment for the plaintiff in an action to enjoin the defendant’s operation of its factory as a nuisance and for damages.

For more than forty years prior to the trial of this action the defendant has conducted a business of manufacturing sewer-pipe, tile, pottery and stoneware on its property consisting of about eleven acres fronting on the north side of Pacific Avenue in the city of Alameda. It is conceded that the property of the defendant at all times herein was zoned as industrial and was within what was considered a partly industrial and partly…