McCarty v. MacY & Co.

SCHOTTKY, J.

Plaintiffs have appealed from minute orders denying injunctive relief in four companion cases and from a number of orders made during the trial.

For many years respondents have operated a grain mill in Red Bluff. The old plant was destroyed by fire in October,

1951,

and was replaced by a new one which opened for operation in 1953. Appellants are the owners and occupants of homes in close proximity to respondents’ mill. Four separate actions were filed by appellants in which they sought to enjoin the operation of the mill on the ground that the noise and dust therefrom constitute an abatable nuisance and to recover damages. The four cases were consolidated for trial, and apparently by stipulation of the parties the issue as to whether appellants were entitled to damages was expressly reserved for separate trial before a jury, and the court proceeded to try the equitable issue presented by the pleadings. At the conclusion of the trial the court adopted findings of fact and conclusions of law in each case, finding in substance that there was some noise and dust from the plant but not sufficient to interfere with the rest or peace of mind of persons of normal health, condition and sensibilities; that appellants’ properties had not substantially depreciated in value as a result of respondents’ operation; and that the issue of damages having been reserved for determination by the jury at a separate trial the court made no determination on that issue. On the basis of the facts found the court concluded that the plaintiffs had plain, speedy and adequate remedies at law; that there had not been shown sufficient cause for injunctive or other equitable relief; that such relief should be denied and that the several plaintiffs should be allowed to pursue their remedies at law if so advised. The court stated that immediately following the conclusion of trial of issues of law or abandonment of such issues, then judgment would be entered denying equitable relief. No formal judgment was

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pronounced in any of the cases and apparently it was not the intention of the court to enter such judgments until the whole cause in each case had been disposed of after trial on the merits. Nevertheless, the clerk appears to have entered a minute order in each case reciting that, “Pursuant to Findings, it is ordered that equitable relief as prayed for is denied, and that injunctive relief as prayed for is denied.” The several notices of appeal state that the appeals are taken from these minute orders.