Legal Opinion
Pelphrey v. Diver
Court of Appeals of Texas
Decided July 12, 1961No. 10882PublishedCited by 9 opinions
1Opinion of the Court
GRAY, Justice.
Appellant, W. O. Pelphrey, has appealed from a judgment awarding appellee, Clarence Nabor Diver, a recovery for damages to his home alleged to have been caused by negligence in blasting in a rock quarry or pit.
Appellant was engaged in highway construction for the State in Milam County and to secure foundation material he blasted rock in a pit on a hill. The hill was higher than the surrounding territory, the houses in the area were visible from the pit and it was generally visible from them.
Appellee alleged that on or about August 5, 1959 at about 5:30 p. m. his home was damaged…
2Cases cited8 opinions
- In Re King's EstateTexas Supreme Court · 1951
- Tex-Jersey Oil Corporation v. BeckTexas Supreme Court · 1957
- Comanche Duke Oil Co. v. Texas Pac. Coal & Oil Co.Texas Commission of Appeals · 1927
- Kelly v. McKayTexas Supreme Court · 1950
- Texas & N. O. R. Co. v. WeemsCourt of Appeals of Texas · 1916
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Urian v. Equitable Life Assurance SocietySupreme Court of Pennsylvania · 1932
- Day & Zimmermann, Inc. v. StricklandCourt of Appeals of Texas · 1972
- Stafford v. ThorntonCourt of Appeals of Texas · 1967
- Computize, Inc. v. NHS Communications Group, Inc.Court of Appeals of Texas · 1999
- Stairs v. StairsSupreme Court of Alabama · 1968
4 more not listed; retrieve them via the Exa API.