(DOWNLOAD) "Hofstetter v. Myers Construction" by Supreme Court of Kansas # Book PDF Kindle ePub Free

eBook details

Title: Hofstetter v. Myers Construction
Author : Supreme Court of Kansas
Release Date : January 27, 1951
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 61 KB

Description

The opinion of the court was delivered by This was an action for damages alleged to have been suffered
when dust and soot escaped from an asphalt plant and were blown
onto the premises of plaintiffs. The trial court sustained
plaintiffs' demurrer to an amended answer of the defendant. The
defendant has appealed. The action was started on January 5, 1949, in the county court
of Butler county. The amended petition alleged that the defendant
owned and operated a portable asphalt plant; that it mixed hot
asphalt and crushed rock, which mixture was poured into a
revolving drum, to which was connected a blower, which blew dust
and fine particles of rock, smoke and soot through the stack and
it was blown upon the home, trees, shrubs and other property
belonging to the plaintiffs; that the plant had been operated
intermittently for about a month prior to November, 1948; that
plaintiffs' home was about 300 yards from the plant and it was
impossible for them to live in it without having their windows
and doors tightly closed; that when defendant was about to
install this plant at this place, plaintiffs and other parties
requested its manager to install it in a less populated area;
that they were advised the plant would not [170 Kan. 465]