DAHLSTROM CORP. v. MARTIN

No. 17309.

582 S.W.2d 159 (1979)

DAHLSTROM CORPORATION, Appellant, v. Stanford MARTIN, Sr., et al., Appellees.

Court of Civil Appeals of Texas, Houston (1st Dist.).

Rehearing Denied April 12, 1979.


Attorney(s) appearing for the Case

Stayton, Maloney, Hearne & Babb, Douglass D. Hearne, Austin, for appellant.

Miller, Gann & Perdue, Wm. Mac Gann, Houston, for appellees.

Before COLEMAN, C. J., and WARREN and DOYLE, JJ.


COLEMAN, Chief Justice.

This is a suit to recover damages for the wrongful excavation of dirt. Following a trial before the court, the landowners were awarded judgment against Dahlstrom Corporation for actual damages and punitive damages.

It is undisputed that employees of the Dahlstrom Corporation entered upon a tract owned by the appellees without permission and thereafter removed some 70,000 cubic yards of soil...

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