#### Arthur Leetham, appellee, v. American Zinc Company, appellant.

Gen. No. 7,727.

Action for damages for injury to premises by s'melter fumes. Appeal from the Circuit Court of Montgomery county; the Hon. P. R. Dove, Judge, presiding. Heard in this court at the April term, 1924.

Reversed and remanded.

Opinion filed June 17, 1924.

A. W. Kopp and Hill & Bullington, for appellant. J. E. Major and Joe Major, for appellee.

Mr. Presiding Justice Shurtleff

delivered the opinion of the court.