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NEUHOFF BROTHERS PACKERS, INC. v. BROOKS

No. 4541.

410 S.W.2d 298 (1966)

NEUHOFF BROTHERS PACKERS, INC., Appellant, v. Thomas A. BROOKS et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

December 8, 1966.

Attorney(s) appearing for the Case

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

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

OPINION

WILSON, Justice.

The operator of a cattle feed lot appeals from a judgment for plaintiffs, based on jury findings, for damages arising from its operations.

The basic contention of appellant is that plaintiffs tried the case on the theory they suffered only personal injury by reason of a nuisance; whereas the case was submitted to the jury on the basis of property damage to realty.

The petition alleged the manner of operation of the...

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