Gulf Oil Corporation v. Vestal

On Motion for Rehearing

Appellees insist on motion for rehearing that we are in conflict with the cases hereinafter cited in our holding that there-was an overlapping with respect to the issues on damages.

As we understand the authorities,, they are to the effect that a plaintiff who. complains of a nuisance may sue in one-action both for his personal injuries and for the damages done to his realty. Recovery for loss in value of the realty depends on his ownership of the realty or of some interest therein. Recovery for personal injuries does not depend on ownership of the realty he occupies. If…