Rooney
Rooney v. Gray Bros.
Opinion
Lead Opinion
Lorigan, J.
This action was brought to enjoin the defendants—the Gray Brothers—from working and operating a quarry and rock-crushing plant adjoining the premises of' plaintiff in the city and county of San Francisco, and also to enjoin the defendant Craig, the owner of the premises upon which said quarry and roclc-crushing plant is located, from renting them to the said Gray Brothers for such purpose. Plaintiff sought also to recover damages in the sum of five thousand dollars from the Gray Brothers for injuries to three-dwelling-houses on his premises, it being alleged that the concussions occasioned through the blasting operations in said quarry had loosened and weakened the foundations of said houses, causing them to settle; that the blasts had broken the windows and projected large rocks through the sides and roofs of said dwellings, breaking large holes therein, rendering them unfit for use or occupation; and that the said Gray Brothers had negligently placed large quantities of dirt, waste rock, and screenings from their quarry on vacant land adjoining plaintiff’s premises, which, during a heavy rainstorm, was washed down and carried on the premises of plaintiff and deposited to the…