Texas Supreme Court October 4, 1950, A-2698 (Kelly v. McKay)

Mr. Justice Hart

delivered the opinion of the Court.

The plaintiffs, Scott S. McKay and wife, sought in this suit to recover judgment for damages to improvements on their real property alleged to be caused by explosions in the caliche pit of the defendant, W. A. Kelly, and to enjoin the defendant from using explosives in such a way as to injure the plaintiffs’ premises.