PELPHREY v. DIVER

No. 10882.

348 S.W.2d 453 (1961)

W. O. PELPHREY, Appellant, v. Clarence Nabor DIVER, Appellee.

Court of Civil Appeals of Texas, Austin.

Rehearing Denied August 2, 1961.


Attorney(s) appearing for the Case

Vinson, Elkins, Weems & Searls, Gaius G. Gannon, Jr., Houston, for appellant.

Leonard Allen, Rockdale, Jack W. Prescott, Cameron, for appellee.


GRAY, Justice.

Appellant, W. O. Pelphrey, has appealed from a judgment awarding appellee, Clarence Nabor Diver, a recovery for damages to his home alleged to have been caused by negligence in blasting in a rock quarry or pit.

Appellant was engaged in highway construction for the State in Milam County and to secure foundation material he blasted rock in a pit on a hill. The hill was higher than the surrounding territory, the houses in the area were visible...

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