Fendley

The complaint, so far as pertinent here, alleges damage to the properties owned and occupied by the plaintiffs and damages for the personal discomfort of plaintiffs because of the vibrations, noises, shaking and jarring of the residences of plaintiffs caused by the operating of a certain gas-engine, compressor and machinery of the defendants operated in the neighborhood of the residence of said plaintiffs.

The answer denies the damages, but admits the operation of said machinery; alleges that the plant is operated in what might b.e termed an industrial part of the said city; that said plant was necessary in the opinion of said city for the purpose of supplying light and power for said city; that said plant was constructed and operated in a skilful and reasonable manner.

The court found that the plant was properly constructed and installed, and skilfully operated; that the operation thereof caused vibrations of, and in, the residences of plaintiffs, but caused no damage to the properties, neither did said operation of said plant cause personal discomfort to the plaintiffs or any of them, and gave judgment for defendants. From this judgment plaintiffs appeal.

Appellants urge the…