Great Northern Refining Co. v. Lutes

Opinion op the Court by

Judge Quin

Reversing.

This is an appeal from a judgment for $800.00, awarded appellees as damages growing out of the erection and *452maintenance of an oil tank and a loading rack within approximately one hundred feet of their residence.

The petition alleges appellant had erected said tank and loading rack and was constantly piping crude petroleum oil into the tank, which had a capacity of 1500 barrels, and from the tank tó the cars for shipment by rail, and that the fumes from said oil and the gases escaping therefrom were so disagreeable, offensive and injurious as to…