Nelson v. Consolidated Sand & Stone Co.

This is the second action to reach this court brought to enjoin the defendant from discharging water containing sand on the premises of the plaintiffs and for damages for the injury inflicted by the depo-sit of sand thereon. The first case is reported in 60 S. D. 557, 245 N. W. 253. In that case the plaintiffs alleged: ‘That the defendant * * * is engaged in the ■business of digging and washing sand. That one of the plants of the said defendant company is located on a hill to the east of plaintiffs’ real estate as in this complaint described, and at said plant the said defendant company does…