Lowther v. Southern Carbon Co.

This is a suit for damages and for an injunction restraining and prohibiting the defendant from conducting certain operations of a carbon plant on land owned by it within a distance less than two miles from the residence of the plaintiffs. The suit was tried on the merits, and, from a judgment rejecting the plaintiffs’ demands, they appealed.

The petition alleges that plaintiffs own a tract of land, in indivisión, on which they reside; that defendant owns land adjoining the plaintiffs’ property; that, during the two years preceding the filing of the petition in this suit, the defendant erected…