Melvin

This is an appeal from a judgment awarding plaintiff damages in the sum of $307.50 and enjoining defendants from operating engines or machinery within certain described limits near to the dwelling-house of plaintiff, using fuel oil emitting offensive odors or greasy dire, soot or smoke upon the property of plaintiff.

It is the same case as No. 441, in which we have this day affirmed the order denying defendant’s motion for a new trial, but comes before us on a separate appeal upon the judgment-roll alone.

Appellants urge that the complaint does not state facts sufficient to constitute a cause of action in that the nuisance complained of is a public nuisance, and is not shown by the allegations of the complaint to be specially injurious to plaintiff.

The complaint, among other things, substantially alleges that defendants are and have been operating a steam shovel and steam engines near to the dwelling of plaintiff, using oil fuel emitting large quantities of greasy soot, dirt and smoke, so as to interfere with the comfortable enjoyment by plaintiff of her said property, and that said soot and smoke have damaged and - injured the house and furniture of plaintiff in the sum of…