Universal Atlas Cement Co. v. Oswald

Mr. Judge Brewster

delivered the opinion of the Commission of Appeals, Section A.

This is an action for damages brought by Joe Oswald and wife (defendants in error here) against Universal Atlas Cement Company (plaintiff in error here), in which the plaintiffs alleged that on land adjoining the farm of 138 acres on which they lived in McLennan County the defendant owned, operated and maintained a cement manufacturing plant, as a part of which it operated a quarry from which it blasted lime rock from a stratum of solid rock underlying both the farm of plaintiffs and the lands of defendant; that…