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WESTERN COTTONOIL CO. v. GILLIT

No. 3084.

270 S.W.2d 512 (1954)

WESTERN COTTONOIL CO. v. GILLIT.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied June 6, 1954.

Attorney(s) appearing for the Case

McMahon, Springer, Smart & Walter, Abilene, Fulbright, Crooker, Freeman & Bates, Houston, for appellant.

Scarborough, Yates, Scarborough & Black, Abilene, for appellee.

GRISSOM, Chief Justice.

Doyle Gillit and wife sued Western Cottonoil Company for damages for maintaining a nuisance near their home. They alleged they were occupying certain property as their home and said company constructed an open tank nearby and emptied therein the residue of their operations, which produced a foul, obnoxious and disagreeable odor which destroyed the comfort and enjoyment of the Gillit home and its value. The company answered, among other things...

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