Legal Opinion

Cardwell v. Austin

Court of Appeals of Texas

Decided June 2, 1914No. 6732PublishedCited by 7 opinions

Appeal from District Court, Matagorda County; Samuel J. Styles, Judge. Action by Wm. E. Austin against H. W. Cardwell and another. From a judgment for plaintiff, defendants appeal.

1Opinion of the CourtMcMEANS, J.

Appellee, Wm. E. Austin, brought this suit against the city of Bay City and H. W. Cardwell, seeking to enjoin the defendants from constructing and maintaining upon a tract of 1.6 acres of land owned by defendant city a septic concentration tank to be used in connection with a sewer system in said city, owned by defendant Cardwell and constructed by him under a franchise granted by the defendant city. It was alleged in substance that the effluent from the concentration tank would be into Cottonwood creek, a public water course, at a point some 300 to 550 feet from plaintiff’s residence, and…

2Cases cited1 opinion

  1. Donovan v. RoyalCourt of Appeals of Texas · 1901

3Cited by7 opinions

  1. Goldsmith & Powell v. StateCourt of Appeals of Texas · 1942
  2. Kleising v. MillerCourt of Appeals of Texas · 1935
  3. Royalty v. StrangeCourt of Appeals of Texas · 1918
  4. Chandler v. City of OlneyTexas Supreme Court · 1935
  5. City of Pittsburg v. SmithCourt of Appeals of Texas · 1921

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