ELR Citation: ELR 20142
No(s). B-2718 (Tex. Nov 24, 1971)

Plaintiffs sued in nuisance for damages caused by the clouds of dust raised by the some 1,650 trips made by the defendant's trucks along the dirt road running in front of plaintiff's home. The trips were made for the purpose of delivering water pipe for construction of a new town water supply, and it was conceded that the use of the highway was lawful and non-negligent and that the defendants acted without malice. The jury awarded damages to the plaintiffs, and the court of appeals affirmed. The Texas Supreme Court reversed. Although there may be a compensible nuisance when a private party uses public roads for profit and thereby causes injury to a landowner, where the use is not permanent and willnot continue in the future, then no action in nuisance will lie.

Counsel for Petitioner
Larry Lambert
Fillmore, Lambert, Farabee & Purtle
P.O. Box 5147
Wichita Falls, TX 76307

Counsel for Respondents
R.M. Helton
Short and Helton
405 Wichita Falls Savings Bldg.
Wichita Falls, TX 76301