Stone v. City of Wylie

Defendant in error, C. A. Stone, owned a tract of land located near the city of Wylie, consisting of 142 acres, which he used as a homestead for himself and family.

Plaintiff in error the city of Wylie constructed and maintained a sewerage disposal plant on a three-acre tract owned by it adjacent to the above tract of land.

Defendant in error instituted this suit in the district court against plaintiffs in error to abate the operation of such disposal plant on the ground that it constituted a nuisance which interfered with the use and comfortable enjoyment of his premises. There was no…