#### Fred Montine, Sr., appellee, v. Darling & Company, appellant.

Action for damage to growing com by acids and gases thrown into the air by defendant’s commercial fertilizer plant. Judgment for plaintiff. Appeal from the Circuit Court of St. Clair county; the Hon. George A. Crow, Judge, presiding. Heard in this court at the October term, 1922.

Affirmed.

Opinion filed January 26, 1923.

Kramer, Kramer & Campbell and R. E. Costello, for appellant. P. K. Johnson, for appellee.

Mr. Justice Barry

delivered the opinion- of the court.