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KELLY v. McKAY

No. A-2698.

233 S.W.2d 121 (1950)

KELLY v. McKAY et ux.

Supreme Court of Texas.

Rehearing Denied November 1, 1950.

Attorney(s) appearing for the Case

Carl Wright Johnson and Birkhead, Beckmann, Stanard, Vance & Wood, San Antonio, Scott, Wilson & Cureton, Waco, for petitioner.

Spann & Spann, San Antonio, for respondents.

HART, Justice.

The plaintiffs, Scott S. McKay and wife, sought in this suit to recover judgment for damages to improvements on their real property alleged to be caused by explosions in the caliche pit of the defendant, W. A. Kelly, and to enjoin the defendant from using explosives in such a way as to injure the plaintiffs' premises. The plaintiffs alleged generally that the defendant was negligent in causing explosions and blasts of such power and intensity as to...

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