Collins

This is an action for injunction to restrain defendants (appellants) from using explosives and blasting in a gravel-pit adjacent to plaintiff’s home. The record does not show that any temporary restraining order was issued. On the trial plaintiff was given judgment perpetually restraining defendants from using explosives in or about the gravel-pit, and defendants appeal.

The issues were joined by plaintiff’s amended complaint, and defendants’ answer thereto filed April 20, 1923. As affirmative matters of defense defendants allege: That since September 28, 1922, defendant Bailey held the gravel-pit under a contract of purchase, and had possession and control of it ever since; that about that date he leased the pit to defendant Cauldwell, and, that ever since, defendants Cauldwell and Horton have operated the pit, and still are operating it and removing gravel therefrom; that for more than twenty years last past the gravel-pit has been continuously operated and powder exploded in it; that the dwelling-houses now in the vicinity were erected within the last three years and with the knowledge on the part of the owners and builders of the location and operation of the gravel-pit; and…