Wales Trucking Company v. Stallcup

GREENHILL, Justice.

This is a suit for damages for an alleged nuisance arising out of a lawful, non-negligent use of a public highway. The City of Wichita Falls, needing additional fresh water, was building a pipeline from a lake to the city. In making many trips to deliver the pipe to the site of the construction, the trucks of the defendant truck company, while traveling an unimproved county road, caused dust which was offensive to the plaintiffs. Trial was to a jury resulting in a judgment for the plaintiffs. The court of civil appeals affirmed. 465 S.W.2d 444. We reverse.

The background is…