(DOWNLOAD) "Western Cottonoil Co. v. Gillit" by Eastland No. 3084 Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Western Cottonoil Co. v. Gillit
- Author : Eastland No. 3084 Court of Civil Appeals of Texas
- Release Date : January 14, 1954
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
GRISSOM, Chief Justice. Doyle Gillit and wife sued Western Cottonoil Company for damages for maintaining a nuisance near their home. They alleged they were occupying certain property as their home and said company constructed an open tank nearby and emptied therein the residue of their operations, which produced a foul, obnoxious and disagreeable odor which destroyed the comfort and enjoyment of the Gillit home and its value. The company answered, among other things, that the odors produced were best described as those of cottonseed meal, hay and molasses and were not disagreeable to the average person; that in their business it was necessary to produce a commodity known in the trade as soap stock; that following the recent war this product could not be readily marketed and it became necessary to store it temporarily in an earthen tank. They alleged that the Gillits and other residents of the area were themselves responsible for many offensive odors; that the plaintiffs' home and adjacent residential property adjoin a little stream which is slow moving and, except in time of rainfall, is a stagnant stream which is polluted by decaying animal and vegetable matter; that the residents of the surrounding area have around them horses, cows, hogs, chickens, ducks, dogs and cats and their pens and sties drain into said creek and carcasses of dead animals are often found in its waters.
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