Jefferson Lumber & Concrete Products, Inc. v. Jimco, Inc.

SAMUEL, Judge.

This is a suit for damages and for an injunction. Plaintiff is a corporation engaged in the business of selling lumber, building materials and similar products at both wholesale and retail. The defendant corporation operates a ready-mix concrete plant on the property adjoining plaintiff’s. In pertinent part the petition, which was filed on December 21, 1967, alleges defendant’s activities have caused and are causing the emission of cement and other dust in such quantities as to make impossible the conduct of plaintiff’s business and have resulted in the damages sought.

The…