Upham Gas Co. v. Smith

RENFRO, Justice.

Appellee N. F. Smith sued appellant Up-ham'Gas Company in the County Court of Jack County for actual and exemplary damages by reason of alleged unauthorized construction by appellant of a gas pipe line across a tract of land owned by appellee.

Based upon a jury verdict, the court entered judgment against appellant for the sum of $175 exemplary damages. The court also awarded appellee the sum of $17.-50 actual damages based on a tender of said amount by appellant. Appellant has appealed from the judgment awarding exemplary damages.

By its first point of error appellant contends…