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CITY OF MERKEL v. SMITH

No. 4390.

458 S.W.2d 940 (1970)

The CITY OF MERKEL, Appellant, v. Ernest SMITH, Appellee.

Court of Civil Appeals of Texas, Eastland.

September 25, 1970.

Attorney(s) appearing for the Case

Allen Glenn, Glenn & Thomas, Abilene, for appellant.

Stanley Wilson, McMahon, Smart, Sprain Wilson & Camp, Abilene, Leon Thurman, Anson, for appellee.

COLLINGS, Justice.

Mr. and Mrs. Ernest Smith filed suit in Jones County against the City of Merkel to recover damages because of alleged permanent injury to their farm in that county resulting from affluent discharged from the new sewage treatment plant of the city. The case was tried before a jury and based upon the verdict, judgment was rendered for plaintiffs in the sum of $12,312.50. The City of Merkel has appealed.

Appellant's first point complains of...

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