Hofstetter v. Geo. M. Myers Construction, Inc.

The opinion of the court was delivered by

Smith, J.:

This was an action for damages alleged to have been suffered when dust and soot escaped from an asphalt plant and were blown onto the premises of plaintiffs. The trial court sustained plaintiffs’ demurrer to an amended answer of the defendant. The defendant has appealed.

The action was started on January 5, 1949, in the county court of Butler county. The amended petition alleged that the defendant owned and operated a portable asphalt plant; that it mixed hot asphalt and crushed rock, which mixture was poured into a revolving drum, to which…