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MEAT PRODUCERS, INC. v. McFARLAND

No. 17747.

476 S.W.2d 406 (1972)

MEAT PRODUCERS, INC., Appellant, v. Robert S. McFARLAND, Appellee.

Court of Civil Appeals of Texas, Dallas.

Rehearing Denied February 17, 1972.

Attorney(s) appearing for the Case

Frank J. Scurlock, Turner, Rodgers, Winn, Scurlock & Sailers, Dallas, for appellant.

Roland Boyd, Boyd, Veigel & Gay, McKinney, for appellee.

GUITTARD, Justice.

The principal question is whether a cattle feeding facility emitting disagreeable odors when in operation amounts to a nuisance justifying recovery of permanent damages to adjacent land measured by reduction in market value, even though at the time of trial cattle feeding had been suspended and no odors were being produced. We hold that it is such a nuisance and that such damages are recoverable.

Plaintiff Robert McFarland owned 645 acres...

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