City of Dallas v. Megginson

CRAMER, Justice.

Appellees Megginson and wife sued appellant City of Dallas, alleging the discharge of waters from a sewer into a creek which ran through their home property so as to constitute a nuisance, and sought as relief only an injunction to abate the nuisance. There was no prayer for damages. Appellant City answered by denial, by special defense that it had no control over the ravine; conditions over which it had no control were responsible for the injuries complained of; that the septic tanks in the community were installed by property owners, were not under the City’s control, and…