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GULF REFINING COMPANY v. SMITH

No. 8032.

476 S.W.2d 851 (1972)

GULF REFINING COMPANY, Appellant, v. Harold SMITH, Appellee.

Court of Civil Appeals of Texas, Texarkana.

February 8, 1972.

Attorney(s) appearing for the Case

Fred A. Lange, Houston, for appellant.

Traylor Russell, Mt. Pleasant, for appellee.

RAY, Justice.

This is a venue case. Appellee (plaintiff) Harold Smith filed suit in the District Court of Franklin County, seeking money damages for the death of his cattle, loss of anticipated calf crop, and for money spent to hire extra labor. Appellee Smith contended that his damages resulted either from the negligence or trespass of Appellant (defendant), Gulf Refining Company, because Appellant let oil escape from its pipeline into a creek which crossed land...

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