Friendswood Development Co. v. Smith-Southwest Industries, Inc.

576 S.W.2d 21 (1978)

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Friendswood Development Co. v. Smith-Southwest Industries, Inc.

Supreme Court of Texas
576 S.W.2d 21 (1978)

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Facts

Friendswood Development (Friendswood) (defendant) engaged in the practice of pumping subterranean waters from its property despite engineering reports that showed that such pumping would result in the subsidence of nearby land. As a result of the pumping, the lands of Smith-Southwest Industries and other nearby landowners (landowners) (plaintiffs) did in fact sink. The landowners brought a class action suit alleging nuisance and negligence in Friendswood’s use of its property.

Rule of Law

Issue

Holding and Reasoning (Daniel, J.)

Dissent (Pope, J.)

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