#### The People of the State of Illinois ex rel. Charles A. Johnson et al., Appellee, v. John Bushell et al., Appellants.

Gen. No. 5,845.

(Not to he reported in full.)

Appeal from the Circuit Court of Peoria county; the Hon. Leslie D. Puterbaugh, Judge, presiding.

Heard in this court at the October term, 1913.

Affirmed.

Opinion filed April 15, 1914.

*230Statement of the Case.

Bill by the People of the State of Illinois on the relation of Charles A. Johnson and others against John Bushell and others to enjoin defendants from operating an’ asphalt factory in a residence district of the village of Averyville, Illinois, in a manner to cause dense clouds of smoke, dirt and other substances to issue therefrom, or to permit any noxious or offensive smell to emanate from said factories to the danger of the health of individuals and the public. A preliminary injunction was issued and on a hearing upon answer and replications filed a decree was entered making the injunction perpetual.

From the decree, defendants appeal.

Richard H. Radley, for appellants.

C. E. McNemar, for appellee.

Abstract of the Decision.

Nuisance, § 21 * —when operation of asphalt factory may he enjoined. On bill to enjoin the defendants from operating, an asphalt factory in a residence district in a manner to cause clouds of smoke, dirt and other substances and noxious odors to issue therefrom to the danger of the health of individuals and the public, held that a decree granting a perpetual injunction was proper under the evidence, though it had not been first established at law that, the factory was a nuisance, there being no substantial dispute in the evidence but that the plant was a nuisance and that the relators were injured.

*

See Illinois Notes Digest, Vols. XI to XV and Cumulative Quarterly, same ¿epic and section number.

Mr. Presiding Justice Whitney

delivered the opinion of the court.