Evens & Howard Fire Brick Co. v. St. Louis Smelting & Refining Co.

RoM“BAüer,'P. J.

The'plaintiff in this proceeding seeks to obtain a perpetual injunction, restraining the defendant from causing damage by the operation of its. smelting and refining works, as now conducted, to the plaintiff :s adjacent property. The bill seeks to compel the defendant either to remedy certain alleged defects in the construction of its works, or else to desist altogether-from their future operation. Upon a final hearing the circuit court dismissed plaintiff’s bill, mainly on the ground that it had forfeited by its laches all rights to-equitable relief.

*635The transcript of the…