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WESTERN COTTONOIL COMPANY v. BRECHEEN

No. 3129.

274 S.W.2d 767 (1955)

WESTERN COTTONOIL COMPANY, Appellant, v. Fred J. BRECHEEN et ux., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied February 4, 1955.

Attorney(s) appearing for the Case

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

Bryan Bradbury, Abilene, for appellees.

GRISSOM, Chief Justice.

Fred J. Brecheen and wife sued Western Cottonoil Company for damages alleged to have been caused by storing soap stock in an earthen pit near their home. A jury found that such storing constituted a nuisance and awarded the Breacheens damages. The Cottonoil Company has appealed.

Appellant's first point is that the court erred in overruling its motion for a new trial because appellees' counsel informed the jury that an injunction had...

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