Houston Water Works v. Kennedy

Stayton, Chief Justice.

This action was brought by the appellee to recover damages alleged to have resulted from injury to a house owned by him, which he claimed was caused by the making of an arch by the appellant in placing a water pipe in the building.

The appellant was alleged to be a corporation, but how incorporated was not stated. The sufficiency of the petition in this respect was questioned by a special exception, as follows: “Because it (the petition) fails to state by what authority'this defendant was incorporated, or that it was incorporated by any authorized ■ power.” The exception…