Campbell v. Seaman

After landowners (plaintiffs) invested heavily in improving 40 acres with a mansion, ornamental trees, and gardens, their neighbor (defendant), who owned an inactive brickyard the landowners knew about but didn't know would be used for burning bricks, resumed brick-burning operations that released sulfuric acid gas, which drifted onto the landowners' property whenever the wind carried it there and killed their plants and trees over several years. The landowners objected before suing for an injunction and damages; the trial court granted both, and the neighbor appealed, arguing damages were adequate, the landowners had acquiesced to the nuisance, and he'd acquired a prescriptive right to burn bricks.