Archer v. Shields Lumber Co.

SPEAR, Justice.

Respondents brought this action jointly ás owners of certain tracts of real property situated adjacent to appellant’s sawmill. They alleged that appellant’s dry kiln and burner had been negligently and carelessly equipped with a semi-spherical top-screen from January 1, 1961, to the date of this action (November 20, 1963), thereby emitting burning debris, soot, smoke, and partly-burned sawdust which was carried onto their land by prevailing winds. They also alleged that this debris constantly seeped into their residences and covered their porches, lawns and truck gardens,…