Guttinger v. Calaveras Cement Co.

This was an action brought to enjoin a nuisance. Originally there were six plaintiffs. Judgment was given in favor of all of them for injunctive relief and in favor of five of them for damages. Pour of the plaintiffs have appealed. They are Albert Guttinger, Louis B. Joses, Prank and Colombo Oneto. The defendant for long has operated in the vicinity of plaintiffs’ lands a plant for the production of cement. During 1946 and 1947 the capacity of the plant was extended by the addition of a third kiln to the two already operating. Through this means and the increased use of the existing kilns the…