Melvin v. E. B. A. L. Stone Co.

This is an appeal from an order denying defendants’ motion for a new trial.

The first and probably most important point urged for a reversal of the order grows out of the action of the court in allowing plaintiff, over the objection of defendants, to file a supplemental complaint.

The action was brought to obtain an injunction preventing defendants, among other things, from blasting, excavating or removing earth or rock on and from a certain block in the city of Oakland, designated as block 70, in which is situate the lot and dwelling-house of plaintiff, so as to deprive the lot of plaintiff of…