Soderburg v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.

I. Plaintiff’s cause of action is based upon .an alleged nuisance maintained by the defendant, caused by smoke, soot, and gas coming from the defendant’s premises to the residence of the plaintiff, which is near by, to his injury. The plaintiff states that the defendant has erected and used and is continuing to use power houses, repair shops, roundhouses, boiler shops, coal chutes and ash pits at the base of a bluff about three hundred feet to the south and east of plaintiff’s residence; that when first erected but few of defendant’s locomotives were coaled, fired, and cared for on said…