Mitchell v. City of Temple

BAUGH, Justice.

Appellants, four of whom were property owners in the vicinity of the sewage disposal plant of the City of Temple, brought this suit against the City and its named officers to abate, by injunction, and as a nuisance, the operation of the sewage disposal plant of the City of Temple. The trial court refused, after hearing, to grant the temporary injunction applied for; hence this appeal.

The suit was for injunction only, and not for damages. The grounds alleged for the injunction were that said plant, and the sewer pipe line leading from the City of Temple into it, constituted a…