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NEUHOFF BROTHERS PACKERS, INC. v. JANEK

No. 4494.

405 S.W.2d 233 (1966)

NEUHOFF BROTHERS PACKERS, INC., Appellant, v. Rudolf T. JANEK et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 28, 1966.

Attorney(s) appearing for the Case

Turner, Rodgers, Winn, Scurlock & Terry, Frank J. Scurlock, Dallas, for appellant.

John B. McNamara, Jr., Vernon L. Smith, Waco, for appellees.

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Neuhoff from a judgment against it in a nuisance case.

Plaintiffs Janek sued defendant Neuhoff for damages incurred as a result of defendant's operation of a feed lot of 150 acres containing 25,000 cattle. Plaintiffs alleged their farm of 195 acres is located 2½ miles south of defendant's feed lot; and downstream on Whiterock Creek from such feed lot; that by reason of manure, soured...

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