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WALES TRUCKING COMPANY v. STALLCUP

No. 17165.

465 S.W.2d 444 (1971)

WALES TRUCKING COMPANY, Appellant, v. Louis STALLCUP et al., Appellees.

Court of Civil Appeals of Texas, Fort Worth.

Rehearing Denied April 2, 1971.

Attorney(s) appearing for the Case

Fillmore, Lambert, Farabee & Purtle, and Larry Lambert, Wichita Falls, for appellant.

Short & Helton, and R. M. Helton, Wichita Falls, for appellees.

OPINION

LANGDON, Justice.

Louis Stallcup and wife initiated this suit against the Wales Trucking Company, a Texas corporation, for dust damages sustained by them as the result of an alleged nuisance created and maintained by Wales through its unreasonable use of the unimproved public county road which runs in front of their rural home. Based on a jury verdict, judgment was rendered for the Stallcups for damages in the amount of $5,000.00. Wales has appealed...

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