Phillips v. Lawrence Vitrified Brick & Tile Co.

The plaintiff complained that the defendant in operating its brick plant threw smoke, dust and cinders upon her premises, killing trees and causing other injury. She asked to have the business enjoined, and to recover damages. The defendant answered that it had been making brick there for more than twenty-five years — for a long time before the plaintiff acquired her property — from a bed of shale near which the plant is built; that the business was lawfully and carefully managed; and that the annoyance and injury to the plaintiff were not such as warranted an injunction or the award of…