King v. American Rock Crusher

The opinion of the court was delivered by

Marshall, J.:

The defendant appeals from an order granting a temporary injunction against it enjoining it from operating a stone quarry and rock crusher in a certain manner, and appeals from an order overruling its demurrer to the petition of the plaintiffs.

Thirty-five separate plaintiffs joined in the action, and the petition was verified by one of them. The petition alleged' in substance that the defendant was operating a stone quarry and rock crusher in the vicinity of the houses and homes occupied by the plaintiffs; that in operating the quarry…