Talco Asphalt & Refining Co. v. McCann

HALL, Justice.

This is an appeal from an order of the District Court of Titus County overruling a plea of privilege filed by Jack Frost, J. Harold Byrd, J. F. Lucey, and Ralph E. Fair. Appellee, McCann, brought suit against the Talco Asphalt & Refining Company, alleging it to be a partnership composed of Jack Frost, J. Harold Byrd, J. F. Lucey, and Ralph E. Fair, for damages to his land, brought about by the pollution of Tankersley Creek which runs through same. It was alleged that the pollution of said creek by the asphalt company rendered appellee’s land unfit as a pasture for his cattle. It…