City of Pittsburg v. Smith
Court of Appeals of Texas
Appeal from District Court, Camp County; J. A. Ward, Judge. Action by Mrs., Maggie Smith against the City of Pittsburg and others.' Prom judgment for plaintiff, defendants appeal. A sewer system was built and completed by private parties and then' purchased and taken over, in August, 1915, and ever since operated by the city of Pittsburg, a municipal corporation under the general laws of the state.
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Appeal from District Court, Camp County; J. A. Ward, Judge. Action by Mrs., Maggie Smith against the City of Pittsburg and others.' Prom judgment for plaintiff, defendants appeal. A sewer system was built and completed by private parties and then' purchased and taken over, in August, 1915, and ever since operated by the city of Pittsburg, a municipal corporation under the general laws of the state. The septic tank is located outside of the city limits and within 300 or 400 yards from the home of the appellee. The outflow of the septic tank finally empties into a branch about 3 yards distant…
1Opinion of the Court
BEVY, X
(after stating the facts as above). The evidence conclusively shows that there is a continual, and considerable overflow from the sewage disposal plant, and of that character that pollutes the waters of the branch and creates offensive odors and a stench that causes especial discomfort and inconvenience to the plaintiff in her home near by; and this condition is due, as alleged in the plaintiff’s petition, to the fact that “said septic tank is too small to accommodate the number of water-closets connected therewith.” After hearing the evidence the court concluded from the evidence'…
2Cases cited4 opinions
- Ostrom v. City of San AntonioTexas Supreme Court · 1901
- City of Paris v. JenkinsCourt of Appeals of Texas · 1909
- Donovan v. RoyalCourt of Appeals of Texas · 1901
- Cardwell v. AustinCourt of Appeals of Texas · 1914
3Cited by6 opinions
- City of Dallas v. EarlyCourt of Appeals of Texas · 1926
- City of Marlin v. CriswellCourt of Appeals of Texas · 1927
- Gardner v. City of DallasCourt of Appeals for the Fifth Circuit · 1936
- Stevenson v. City of AbileneCourt of Appeals of Texas · 1934
- Gotcher v. City of FarmersvilleCourt of Appeals of Texas · 1940
1 more not listed; retrieve them via the Exa API.