City of Fort Worth v. Crawford
Texas Supreme Court
Eeeoe from Tarrant. Tried below before the Hon. A. J. Hood. Suit begun in the district court of Tarrant county against the city of Fort Worth, to recover damages for wrongfully and unjustly casting, carrying and depositing, by defendant, and causing to be cast, carried and deposited, on ten acres of land, in .possession of the city of Fort Worth, great quantities of filth, dirt, gravel, refuse material, matter discharged from privies, water closets, stables, sinks and…
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Eeeoe from Tarrant. Tried below before the Hon. A. J. Hood. Suit begun in the district court of Tarrant county against the city of Fort Worth, to recover damages for wrongfully and unjustly casting, carrying and depositing, by defendant, and causing to be cast, carried and deposited, on ten acres of land, in .possession of the city of Fort Worth, great quantities of filth, dirt, gravel, refuse material, matter discharged from privies, water closets, stables, sinks and streets, dead carcasses of animals, and other noxious materials and ingredients, by reason of which it was alleged the…
1Opinion of the Court
Watts, J. Com. App.
In reference to the liability of municipal corporations for creating or failing to remove a nuisance, this distinction is to be observed: If the nuisance grows out of acts done exclusively in the interest of the public, such as the improvement of the sanitary condition of the city, then it would only be liable for a careless or negligent execution of the duty. But if the acts *204out of which the nuisance originated or is continued were done for the private advantage or emolument of the municipal corporation, then, irrespective of the question of negligence, it would be liable…
2Cases cited1 opinion
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
3Cited by21 opinions
- Ostrom v. City of San AntonioTexas Supreme Court · 1901
- City of Fort Worth v. CrawfordTexas Supreme Court · 1889
- Chardkoff Junk Co. v. City of TampaSupreme Court of Florida · 1931
- City of Waco v. BranchTexas Supreme Court · 1928
- Pritchett v. Board of Commissioners of the County of KnoxIndiana Court of Appeals · 1908
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