Legal Opinion

Brewster v. City of Forney

Texas Commission of Appeals

Decided June 16, 1920No. 166-3147PublishedCited by 57 opinions

Error to Court of Civil Appeals of Fifth Supreme Judicial District. Action by A. L. Brewster against the City of Forney. From a judgment of the Court of Civil Appeals (196 S. W. 636) affirming judgment for defendant, plaintiff brings error.

1Opinion of the CourtKittrell, J.

The parties will he referred to as plaintiff and defendant. Plaintiff sued defendant for damages to his property caused by the construction and operation of a sewerage system.

-The eas.e was submitted on special issues. There were no preliminary instructions as to *176the law by which tie jury should be guided in answering the issues, 19 in number, but at the end the jury was properly instructed, as to the burden of proof. At the request of defendant the court defined a “nuisance” as follows:

“A nuisance is the use of one’s own property for the conducting of one’s own business in such an…

2Cases cited17 opinions

  1. Pumpelly v. Green Bay Co.Supreme Court of the United States · 1872
  2. Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
  3. G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
  4. Fort Worth Improvement District No. 1 v. City of Fort WorthTexas Supreme Court · 1913
  5. Burditt v. SwensonTexas Supreme Court · 1856

12 more not listed; retrieve them via the Exa API.

3Cited by57 opinions

  1. Crosstex North Texas Pipeline, L.P., N/K/A Enlink North Texas Pipeline, Lp v. Andrew Gardiner and Shannon GardinerTexas Supreme Court · 2016
  2. DuPuy v. City of WacoTexas Supreme Court · 1965
  3. Long v. City of CharlotteSupreme Court of North Carolina · 1982
  4. City of Amarillo v. WareTexas Supreme Court · 1931
  5. City of Abilene v. DownsTexas Supreme Court · 1963

52 more not listed; retrieve them via the Exa API.

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