Feinberg v. Wisconsin Granite Co.

To the complaint in this case appellant demurred on the ground that it did not state facts sufficient to constitute a cause of action, and from an order overruling the demurrer it appeals. The complaint alleged, in substance, that plaintiff is the owner of three lots in the city of Sioux Falls on which are situated residences and store buildings; that defendant operated a stone quarry within the city limits at a short distance north of plaintiff’s property; and that in conducting operations in the quarry appellant loosens the rock with high-power explosives, and that in so doing, by…