Orsinger v. Schoenfeld

POPE, Justice.

Appellants are landowners and homeowners who filed a suit against Chas. M. Schoenfeld and Olmos Rock Products, Inc., to permanently enjoin an alleged nuisance. The trial court sustained a plea in abatement to the appellants’ original petition, and they have appealed. The trial court heard no evidence.

The plea in abatement stated that Article 4644, Vernon’s Ann.Civ.Stats., forbade suits to enjoin subsurface drilling or mining operations unless the respondent is shown to be incapable of responding in damages, and that the suit was prematurely brought because it only asserted…