McMahan v. City of Abilene

Appellant brought this suit against the city of Abilene to recover damages. Exceptions to the petition were sustained, and the suit dismissed.

In substance the petition alleged that plaintiff was the owner of a tract of land on Elm creek upon which he had resided for many years; that his residence, outhouses, garden, etc., were situated in the valley of the creek upon the land and above the ordinary overflow of the creek, and he and his family were entitled to occupy and enjoy the premises in peace and contentment, free from the annoyances and inconveniences caused by the defendant as…