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KENNY v. TEXAS GULF SULPHUR COMPANY

No. 3927.

351 S.W.2d 612 (1961)

Annie Kate KENNY, Appellant, v. TEXAS GULF SULPHUR COMPANY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied November 30, 1961.

Attorney(s) appearing for the Case

Keith, Mehaffy, McNicholas & Weber, Beaumont, for appellant.

Orgain, Bell & Tucker, Beaumont, Jos. C. Brown, Houston, for appellee.

McDONALD, Chief Justice.

This is a suit for damages occasioned by the subsidence (or falling downward), of the surface of 41 acres of land. Plaintiff is the owner of the surface estate of such land. Defendant is owner of the mineral estate by virtue of a mineral lease. The activities of defendant in removing the sulphur underlying plaintiff's surface, caused subsidence (or a lowering or shifting downward) of the surface of 41 acres of the plaintiff's lands from some...

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