Midland Empire Packing Co. v. Yale Oil Corp.

This appeal is to have determined the question whether the district court was right in sustaining demurrers to plaintiff’s amended complaint.

The action seeks toábate an alleged nuisance and to recover damages. It was commenced in April, 1944, against the Yale Oil Corporation alone. Later the Yale Oil Corporation sold its refinery to the defendant Carter Oil Company and thereafter an amended and supplemental complaint was filed naming the Carter Oil Company as a defendant.

The important allegations of the amended complaint which was filed November 30, 1944, are these: Plaintiff owns land in…