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GILLUM v. ROGERS

No. 7874.

430 S.W.2d 822 (1968)

Dr. R. R. GILLUM, Appellant, v. Carl ROGERS et al., Appellees.

Court of Civil Appeals of Texas, Texarkana.

Rehearing Denied August 6, 1968.

Attorney(s) appearing for the Case

B. J. Smith and Bill Glaspy, Mesquite, Jesse L. Nickerson, Pittsburg, for appellant.

Norman C. Russell, Atchley, Russell, Hutchinson & Waldrop, Texarkana, W. C. Hancock, Pittsburg, for appellees.

DAVIS, Justice.

A suit by plaintiff, Dr. R. R. Gillum, against defendants, Carl Rogers and American Petrofina Company of Texas, hereinafter referred to a Petrofina, for damages suffered by plaintiff, which plaintiff alleged was proximately caused by the negligent acts of defendants in discharging industrial waste from an oil refinery into a public water course that flooded land owned by plaintiff. Trial was to a jury. The trial court granted a motion to withdraw the...

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