Klein v. Gehrung
Texas Supreme Court
Appeal from Comal. The case was tried before Hon. Thomas J. Devine, one of the district judges. This case was brought by Klein before the District Court by certiorari. G-ehrung sued Klein before a justice of the peace, to compel him to remove his fence, built on his own land, in the city of Hew Braunfels, because it obstructed her windows; and for damages for the obstruction the case was tried.
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Appeal from Comal. The case was tried before Hon. Thomas J. Devine, one of the district judges. This case was brought by Klein before the District Court by certiorari. G-ehrung sued Klein before a justice of the peace, to compel him to remove his fence, built on his own land, in the city of Hew Braunfels, because it obstructed her windows; and for damages for the obstruction the case was tried. The house of Gehrung was built in 1845 or 1846, with windows overlooking Klein’s lot, thus affording the uninterrupted use of light and air, until Klein erected his fence, in December, 1857. The fence…
1Opinion of the Court
Wheeler, G. J.
—“ Thedoctrine of ancient lights is not much relished in this country, owing to the rapid changes and improvements in our cities and villages.” In the case of Parker v. Foote, 19 Wend., 309, the Supreme Court of Hew "Fork held, that “the modern English doctrine of a prescriptive right to prevent obstructions to window-lights, adopted in analogy to the statute of limitations, is an anomaly in the law, and not adapted to the circumstances or existing state of things in this country;” and they refused to recognize it as the common law. ' Mr. Justice Bronson examined the subject in…
2Cases cited2 opinions
- Parker & Edgarton v. FooteNew York Supreme Court · 1838
- Myers v. GemmelNew York Supreme Court · 1851
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