Bates v. City of Houston

The court below sustained certain special exceptions to plaintiff's petition, and, when he declined further to amend, ordered his petition dismissed; from such action plaintiff has appealed.

The substance of plaintiff's allegations were:

That he is the owner of certain specified premises within the City of Houston, upon which there were certain improvements, which were located across the street from, and immediately south of a lot owned by defendant City, and on which defendant operated a municipal dump and incinerator and where it disposed of garbage, which had been collected for the purpose,…