WALES TRUCKING COMPANY v. STALLCUP

No. B-2718.

474 S.W.2d 184 (1971)

WALES TRUCKING COMPANY, Petitioner, v. Louis STALLCUP et al., Respondents.

Supreme Court of Texas.

Rehearing Denied December 22, 1971.


Attorney(s) appearing for the Case

Fillmore, Lambert, Farabee & Purtle, Larry Lambert, Wichita Falls, for petitioner.

Short & Helton, R. M. Helton, Wichita Falls, for respondents.


GREENHILL, Justice.

This is a suit for damages for an alleged nuisance arising out of a lawful, non-negligent use of a public highway. The City of Wichita Falls, needing additional fresh water, was building a pipeline from a lake to the city. In making many trips to deliver the pipe to the site of the construction, the trucks of the defendant truck company, while traveling an unimproved county road, caused dust which was...

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