WESTERN COTTONOIL COMPANY v. HODGES

No. 14702.

218 F.2d 158 (1954)

WESTERN COTTONOIL COMPANY, Appellant, v. J. C. HODGES and Mary Weinberg, Appellees.

United States Court of Appeals Fifth Circuit.

As Modified on Denial of Rehearing January 21, 1955.


Attorney(s) appearing for the Case

M. S. McCorquodale, Houston, Tex., Carl P. Springer, Abilene, Tex., McMahon, Springer, Smart & Walter, Abilene, Tex., Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., for appellant.

Eugene E. Piper, Borger, Tex., Dallas Scarborough, J. R. Black, Jr., Beverly Tarpley, Abilene, Tex., Piper, Gassaway & Allen, Borger, Tex., Scarborough, Yates, Scarborough & Black, Abilene, Tex., for appellees.

Before BORAH, RIVES and TUTTLE, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from a judgment by the court without a jury in favor of plaintiffs, as the owners of a motor court, against the defendant for the maintenance of a nuisance in the nature of an open pit in which defendant stored an ill-smelling by-product known as "soap stock." The issues as to liability and damages are narrowed here by the concession made by appellant in its brief as follows:

"We have no quarrel with the finding of...

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