Cumberland Torpedo Co. v. Gaines

Opinion of the Court by

Judge Clay

Reversing’.

Martha Ann Gaines and her son, John Milton Gaines-, were the owners of a small farm 'situated in Lawrence county about three miles north of the town -of Louisa. On an adjoining farm, and at a point a few hundred feet from the Gaines residence, the Cumberland Torpedo Company erected a plant for the manufacture and storage of nitroglycerine.

Alleging that by reason of the erection of the plant for the manufacture and storage of nitroglycerine in close proximity to their home and farm the house had been rendered unfit for use -and occupancy -and the…