(Download) "Gulf Oil Corporation v. Vestal Et Ux." by Fort Worth No. 15136 Court of Civil Appeals of Texas # eBook PDF Kindle ePub Free
eBook details
- Title: Gulf Oil Corporation v. Vestal Et Ux.
- Author : Fort Worth No. 15136 Court of Civil Appeals of Texas
- Release Date : January 09, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
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 the nuisance is permanent, he may recover, if he owns the realty, for depreciation in its value caused by the nuisance. If the nuisance is temporary, he may recover for depreciation in the value of the use of the realty during the continuance of the nuisance. See the authorities cited in our original opinion, and also Vann v. Bowie Sewerage Co., 127 Tex. 97, 90 S.W.2d 561.