Summers v. Acme Flour Mills Co.

JOHNSON, Vice Chief Justice.

The parties occupy the' same relative positions as in the trial court and will be referred to herein as they there appeared.

The substance of plaintiff’s pleadings and brief reflects that this is an action for damages arising out of, and to enjoin, an alleged nuisance allegedly caused from the unwarranted illegal spreading of dust, water, lint and oil over plaintiff’s property from defendant’s flour mill.

Defendant denied liability both as to factual situation and law.

The cause was presented to a jury resulting in a verdict for 'defendant, from which plaintiff…