Wiley v. Wright

[305]

HAINES, J.,

pro tem.

The plaintiff and respondent in this action, M. A. Wiley, is the owner of a farm on which are located vineyards and truck gardens as well as barns, outhouses, and a dwelling house in which he and his family reside. Defendant and appellant O. K. Wright owns an adjacent farm on which he has installed, and for some time operated within a short distance of the respondent’s dwelling, an internal combustion engine in connection with which he makes use of heavy fuel oils. The present action was begun to recover damages claimed to have been suffered by respondent personally and in his property through the operation of the engine and to obtain an injunction against its continued operation in the future. Respondent undertook to specify in his complaint the items of damage which he claimed to have suffered as follows:

(a) For damage to his buildings due to the settling thereon of greasy dirt, soot, smoke and odorous gases, $250;

(b) For damage to his furnishings, hangings, drapes, household goods and effects from the settling thereon of such greasy dirt, etc., $250 ;

(c) For damage to his comfortable enjoyment of his dwelling and home by reason of the settling on his furniture, hangings, etc., of such greasy dirt, etc., $500;

(d) For damage to his vines, truck gardens and farm products by reason of the settling thereon of such greasy dirt, etc., $500;

(e) For damage to his comfortable enjoyment of his home and property by reason of loud, disturbing, irritating noises emitted from such engine, $500.

By a supplemental complaint he claimed additional damages of each of the classes mentioned, accruing subsequent to the time his original complaint was filed, which would, with the damages originally claimed, make the aggregate of each of the five several types of damage that he claims to have suffered $750, $750, $1500, $1250, and $1500, respectively, or in all $5,750.

After appropriate pleadings on the part of appellant Wright, admitting his maintenance of the engine, but denying the infliction thereby upon respondent of the injuries complained of, or of any resulting damage, the case was tried and the court filed its findings of fact and conclusions of law, awarding damages to respondent to the extent of $500, to