City of Temple v. Mitchell

McClendon, chief justice.

Suit by Mitchell against the City of Temple for damages allegedly resulting from the operation by the City of a sewage disposal plant, located some 2½ miles S. E. of the City and 2,700 feet S. E. of Mitchell’s 30-acre farm home. The plant was alleged to constitute a nuisance in that it produced offensive odors and bred sewer flies which invaded the Mitchell home and rendered living conditions therein intolerable. The damages sought were: As for a permanent nuisance, T) depreciation in value of the farm, and “discomfort, annoyance and inconvenience” 2) to his wife and…