Neuhoff Brothers Packers, Inc. v. Brooks

OPINION

WILSON, Justice.

The operator of a cattle feed lot appeals from a judgment for plaintiffs, based on jury findings, for damages arising from its operations.

The basic contention of appellant is that plaintiffs tried the case on the theory they suffered only personal injury by reason of a nuisance; whereas the case was submitted to the jury on the basis of property damage to realty.

The petition alleged the manner of operation of the feed lot constituted a nuisance which interfered with, and caused “damage, harm and inconvenience to the plaintiffs in their use and enjoyment of their…