Marigold Coal v. Ruby W. Thames

PER CURIAM. Plaintiff's complaint, containing five amended counts, two based on wanton conduct and three on negligence of the defendant (appellant here), claims of the defendant $5,000.00 in damages alleged to have been the proximate result of concussions from the use of explosives by defendant in blasting operations preparatory to strip mining of coal. The complaint avers structural damages to plaintiff's dwelling house and garage; also marked decrease of water supply in her well to the point of inadequacy; and by amendment to the original counts it alleges that 'plaintiff was frightened, caused to suffer mental anguish, and was annoyed and discomforted in the use and enjoyment of her property as a home of rest and quietude.' Defendant addressed a demurrer, with numerous and diverse grounds, to each count. The trial Judge overruled the demurrers. Appellant here assigns error on such rulings. We will review only those grounds of demurrer which are adequately argued by appellant in its brief. Ala. Digest, Appeal and Error, +1078(3); Perkins Oil Company of Delaware v. Davis, 228 Ala. 190, 153 So. 417(2).