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MOORE v. NEWPORT QUARRIES

285 A.D. 640 (1955)

Marie L. Moore, Appellant, v. Newport Quarries, Inc., et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

May 4, 1955.

Attorney(s) appearing for the Case

Eugene M. Hanson for appellant.

Salvador J. Capecelatro for Newport Quarries, Inc., respondent.

George R. Fearon and Charles E. Cooney, Jr., for E. I. Du Pont de Nemours and Company, respondent.

All concur. Present — McCURN, P. J., KIMBALL, PIPER, WHEELER and VAN DUSER, JJ.

Per Curiam.

The plaintiff brought this action on the theory of nuisance to recover for damage to her residence property and for impairment of her health allegedly caused by blasting operations carried on at the rock quarry of the defendant Newport Quarries, Inc., under the alleged joint supervision and control of both defendants.

During the trial and after a conference between counsel and the court, plaintiff...

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