Thackery v. Union Portland Cement Co.

The appellant (defendant below) owns and operates a cement plant located in Weber Canyon, Morgan county, in this state. The respondent and cross-appellant (plaintiff below) owns a farm of about 100 acres located in the immediate vicinity of the cement plant.

It is alleged in the complaint that there are located upon respondent's land a dwelling house and other buildings, including corrals for feeding stock. It is also alleged that the appellant had been operating its cement plant at the same place since the year 1909, and was so operating it at the date of the bringing of the action, August…