Court of Civil Appeals of Texas, 1913

Mount Franklin Lime & Stone Co. v. May

Mount Franklin Lime & Stone Co. v. May
Court of Civil Appeals of Texas · Decided March 7, 1913 · Harper, Higgins
154 S.W. 368; 1913 Tex. App. LEXIS 274 (South Western Reporter)

Mount Franklin Lime & Stone Co. v. May

Opinion of the Court

HIGGINS, J.

Supplementing the facts stated in the original opinion herein, we find additional facts as follows:

Appellee is the owner of lots 24 and 25, in block 2, of the Golden Hill addition to the city of El Paso, upon which she has a seven-room brick house. The Mount Franklin Lime & Stone Company and Richard Capíes owned a rook ¡juarry situated in the vicinity of appellee’s premises, and subsequent to June, 1909, blasted rock from said quarry, using explosives of some kind in so doing. That such blasting was conducted in a negligent manner, 'and by reason thereof, and as a proximate result thereof, plaintiff’s house was cracked, the walls bulged, the plaster upon the walls and ceiling broken and cracked and caused to fall in the manner alleged by appellee, whereby sbe sustained damage in the sum of $1,500. That Richard Capíes died prior to the trial, and defendant Margaret Ann Capíes is his surviving widow and the independent executrix of his estate.

HARPER, C. J., did not participate in the finding of these additional facts.

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