City of Wichita Falls v. Whitney

DUNKLIN,- J.

The city of Wichita Falls has appealed from a judgment rendered in favor of D. G. Whitney, by the terms of which the plaintiff Whitney was awarded damages in the sum of $2,000 resulting from the pollution of the waters of the Wichita river, contiguous to plaintiff’s improved 750 acre farm, and also perpetuating a temporary writ of injunction theretofore issued restraining the city from a further maintenance of the nuisance.

A former appeal to this court from the order granting the temporary writ of injunction resulted in an affirmance of that decree, as shown in 11 S.W.(2d) 404.

The…