Marvel Wells, Inc. v. Seelig

BLAIR, Justice.

As concerns this appeal appellee, Albert Seelig, sued appellant, Marvel Wells, Inc., to recover damages to himself and family, and to his land and premises caused by the wind blowing, ashes, dust, and cinders which were emitted from the smokestacks of the plant of appellant operated on the adjacent land of appellant and for the purpose of carrying on its business enterprise of treating mineral waters so as to distil or extract therefrom medicinal salts.

The case of appellee was pleaded, proved, and submitted to the jury upon the theory that the operation of the plant created an…