Mexican National Construction Co. v. Meddlegge

STAYTON, Chief Justice.

Appellee alleges that he owns and resides upon land on Galveston Island, distant from the gulf about one thousand yards, and that between his property and the gulf the Mexican National Construction Company owned, at the time this action was brought, eighty or ninety acres of land, from which it had taken sand and transported the same to the city of Galveston for sale.

That in taking sand from its own land defendant had made deep excavations, which filled with stagnant water and filth, and thereby rendered his home unhealthy.

He further alleged that on the border of the…