This section contains the nature of the case and procedural background.

A quarry was opened and operated near P's land. It was run off and one for a number of years. In 1958, P instituted an action to enjoin the quarry's operations. Dust filled the air, along with noise and vibrations from the blasting. Ps testified that the air around their homes was so full of duty that they found it hard to breathe and coated their vegetables and their homes both inside and out. Some Ps testified that there was damage to their homes from the explosions. Rocks were also occasionally deposited by the blasts. D took preventative measures, and the judge went to examine them. The court ruled that the quarry constituted a public and a private nuisance. The judge also expressed that D should have an opportunity to correct the situation. The judge reexamined the operation and determined that the nuisance had not been abated. The judge ordered the activity ceased within 15 days. D appealed.

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