Roberts v. Permanente Corp.

Plaintiffs since 1942 have owned and resided in a home located in Los Altos approximately one mile to the north of a cement plant and quarry owned and operated since 1939 by defendant Permanente Cement Company. On December 29, 1954, plaintiffs brought this action to recover damages which they complain were suffered by them by reason of the operation of the cement plant and quarry in such a manner that dust and other substances escaped therefrom, settled on their property, and not only physically damaged it but also deprived them of their use and enjoyment thereof.

The defendant’s answer…