ANGELINA HARDWOOD LUMBER COMPANY v. IRWIN

No. 12731.

276 S.W.2d 407 (1955)

ANGELINA HARDWOOD LUMBER COMPANY, Appellant, v. Wyrick IRWIN, Appellee.

Court of Civil Appeals of Texas, Galveston.

March 3, 1955.


Attorney(s) appearing for the Case

E. T. McCain, Jr., Palestine, Fountain, Cox & Gaines, and Joyce Cox, Houston, and Howell Cobb, Beaumont, for appellant.

B. R. Reeves, and R. W. Lawrence, Palestine, Kleinecke, Nussbaum & Piperi, H. E. Kleinecke, Jr., Galveston, for appellee.


CODY, Justice.

This was a suit brought by appellee, who owned a motel in Palestine, against appellant, a corporation, which operated a steam mill and used sawdust as fuel to fire its boilers. The sawmill had two smokestacks. Appellee plead that half-burned sawdust, soot, etc., were carried by the wind upon his premises and into his tourist cabins and constituted a permanent nuisance. By his suit he sought a permanent injunction and to recover damages for the decreased...

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