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NEUHOFF BROTHERS PACKERS, INC. v. McCAULEY

No. 4585.

411 S.W.2d 944 (1967)

NEUHOFF BROTHERS PACKERS, INC., Appellant, v. Thurman McCAULEY et ux., Appellees.

Court of Civil Appeals of Texas, Waco.

February 16, 1967.

Attorney(s) appearing for the Case

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 for plaintiffs McCauley in a nuisance case.

The case was tried on the theory of personal damage to plaintiffs, and no evidence was offered in regard to damage to plaintiffs' property or diminution in value thereof.

The trial court's definition of "nuisance" in its charge, in part was: "* * * a condition brought about by one party in the use of his property...

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