Smith v. Columbian Carbon Co.

This is an action for damages to plaintiff’s property caused by soot emanating from a carbon black plant owned and operated by the defendant. The trial court instructed a verdict for defendant and its judgment was affirmed by the Court of Civil Appeals. 196 S. W. (2d) 660.

We are of the opinion that the judgments of the trial court and Court of Civil Appeals must be reversed because of the refusal of the trial court to allow plaintiff to take a nonsuit.

The bill of exceptions shows that at the close of the evidence the defendant moved for an instructed verdict. The court heard argument and…