Recovery of Damages for Private Nuisance

With a reversal of position amounting almost to defiance of precedent, the majority opinion in Powell v. Superior Portland Cement, Inc. denies damages for injury caused to respondent's premises by dust from appellant's plant at Concrete, Washington. The plant, in operation since 1908, is the main industry of the town, at least half of its residents being economically dependent upon the plant. Respondent, who had resided in Concrete since 1907, in 1934 purchased a home within three blocks of the cement plant, and lived therein until August 1938, when he left Concrete. The home, partially furnished, has been rented since 1938.