Wilmoth v. Limestone Products Co.

HALE, Justice.

Appellant owns 23 acres of land situated near the city limits of Cleburne upon which he and his wife reside. Appellee, having acquired a 4 acre tract adjoining the land of appellant, erected a limestone products plant on its property, the plant being located a distance of 50 feet from appellant’s property line and 244 feet from his residence. Appellee began operation , of its plant in July, 1948 and has continued since that time to operate the same day and night. Appellant brought this suit for damages .on the ground that the operation of appellee’s plant, under the…