Lamb v. Kinslow

McDONALD, Chief Justice.

This is a case for an injunction and damages brought by appellee against appellant, arising out of the burning of cotton burrs by Appellant in connection with his gin at Oglesby, Texas. To burn burrs from his gin appellant constructed a pipe 900 feet leading to a point 450 feet southeast of appellee’s home — blew the burrs through the pipe to that point where they are burned. Appellee sued alleging: damages to both his and his wife’s health and his property; that appellant was creating a nuisance; and asked for damages and a permanent injunction. Trial was to a jury,…