City of Abilene v. Reed

The appeal is from a judgment in favor of the appellees perpetually enjoining and restraining the city of Abilene, its officers, servants, agents, and employees from opening or digging a ditch on and across certain lots of appellees situated in the city of Abilene. Such facts as are necessary to an understanding of each point discussed' will be stated in connection with the discussion thereof.

The first proposition of appellant complains of the action of the trial court in overruling a special exception to a portion of the petition of appellees. The appellees object to the consideration of…