WILLIAMS v. THOMPSON

No. A-3754.

256 S.W.2d 399 (1953)

WILLIAMS et ux. v. THOMPSON.

Supreme Court of Texas.

Rehearing Denied April 22, 1953.


Attorney(s) appearing for the Case

Tilley, Hyder & Law, Fort Worth, for petitioners.

Cantey, Hanger, Johnson, Scarborough & Gooch, Fort Worth, for respondent.


BREWSTER, Justice.

Petitioners C. B. Williams et ux. sued Frank L. Thompson, respondent, for actual and exemplary damages for cutting down the natural slope of a roadway, thereby depriving petitioners' adjacent land of lateral support and exposing it to sloughing and erosion.

After trial without a jury, the trial court gave petitioners judgment for $3,500 actual damages and $500 exemplary damages. The Court of Civil Appeals reversed the judgment and rendered...

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