Hawkins v. Wallace

MONTGOMERY, Judge.

Gus O. Wallace et al. recovered judgment against Henderson Hawkins et al. in the sum of $3,000 as damages suffered from *508the operation and maintenance of a nuisance. A permanent injunction also was granted. On appeal it is urged that the claim is barred by the statute of limitations and the instructions were prejudicially erroneous.

Appellees sued on August 31, 1959. They complained of the dust from the operation of a coal-loading ramp and coal crusher by the appellants.

The construction of the ramp and crusher was commenced in 1949. This structure from its size and nature is a…