P owned 40 acres of land and during the years 1857-59 they built an expensive dwelling house and during those years and before and since they improved the land with grading, terracing, roads, walks, trees, and shrubs. D owned the lands that adjoined P’s. D used his lands as a brickyard. Sulphuric acid was generated from operations, and this gas was destructive to trees and vines. The referee found that the gas coming from D’s operations killed many plants and trees on P’s land and that damages were about $500. The gas only escaped in the last two days of kiln burn processing and only when the wind was from the south. P got the judgment, and D appealed.

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