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

Vera Davis (P) owned a house in Toledo and subsequent to her ownership, D began operation of a pulp and paper plant. P sued in trespass and testified that the premises were rendered uninhabitable because of vibrations, offensive odors, fumes, gases, smoke and particulates which damaged the residence and plant life. P got a judgment against D for compensatory and punitive damages for trespass. D appealed.

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