Bates v. Quality Ready-Mix Co.

This is a law action, as authorized by Code section 657,1, to enjoin the operation of defendant’s ready-mix plant and for damages based on plaintiffs’ claim its creation and maintenance near their residence constituted a nuisance. Following trial to the court judgment for damages and an injunction was entered against defendant, The Quality Ready-Mix Co. Plaintiffs had previously voluntarily dismissed their action against certain officers and employees of the company. The company has appealed and will be referred to as defendant.

I. Defendant’s first assigned error, the trial court’s finding…