CAIN v. FONTANA

No. 14639.

423 S.W.2d 134 (1967)

Chas. M. CAIN, Appellant, v. Salvatore FONTANA, d/b/a Fontana's Cafe, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied January 17, 1968.


Attorney(s) appearing for the Case

Pepos S. Dounson, San Antonio, for appellant.

Tom Joseph, Joseph Chacon, Jr., San Antonio, for appellee.


KLINGEMAN, Justice.

Action by Salvatore Fontana, d/b/a Fontana's Cafe, against Chas. M. Cain for malicious trespass on realty and damages for restoration, loss of profits and exemplary damages. The parties will be herein referred to as designated in the trial court. Trial was to a jury.

The special issues submitted were answered substantially as follows: (1) Defendant caused debris to be placed on property belonging to plaintiff. (2) Plaintiff sustained a...

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