Angelina Hardwood Lumber Company v. Irwin

CODY, Justice.

This was a suit brought by appellee, who owned a motel in Palestine, against appellant, a corporation, which operated a steam mill and used sawdust as fuel to fire its boilers. The sawmill had two smokestacks. Appellee plead that half-burned sawdust, soot, etc., were carried by the wind upon his premises and into his tourist cabins and constituted a permanent nuisance. By his suit he sought a permanent injunction and to recover damages for the decreased value of his land and also damages for personal inconvenience. By trial amendment plaintiff sought, in the alternative, and…