Burditt v. Swenson
Texas Supreme Court
Appeal from Hays. Tried below before the Hon. John Hancock. Suit by appellee against appellants, commenced in Travis county, Feb. 28th, 1853." The petition was as follows : Tour petitioner, Svante M. Swenson, a resident citizen of the county and State aforesaid, brings this his suit against J. A. Burditt and Sherman Case, residents and citizens of said county and State ; and thereupon your petitioner states that on the 17th day of December, A. D. 1850, he purchased lot No. 4…
Read the full summary
Appeal from Hays. Tried below before the Hon. John Hancock. Suit by appellee against appellants, commenced in Travis county, Feb. 28th, 1853." The petition was as follows : Tour petitioner, Svante M. Swenson, a resident citizen of the county and State aforesaid, brings this his suit against J. A. Burditt and Sherman Case, residents and citizens of said county and State ; and thereupon your petitioner states that on the 17th day of December, A. D. 1850, he purchased lot No. 4 in block No. 84, fronting on the east side of Congress Avenue in the city of Austin, and that during the year 1851 he…
1Opinion of the CourtWheeler, J.
It is not questioned that the allegations of the petition were sufficient to entitle the plaintiff to an injunction. And the revelations of fact, which the record contains, show that the plaintiff’s case was well supported by the proof. We cannot hesitate in coming to the conclusion, from the evidence, that the stable of the defendants was a nuisance.
*502What constitutes a nuisance is well defined. The word means, literally, annoyance ; in law, it signifies, according to Blackstone, “ anything that worketh hurt, inconvenience, or damage.” (3 Com. 216.) A private nuisance is defined to be anything…
2Cases cited3 opinions
- Catlin v. ValentineNew York Court of Chancery · 1842
- Coker v. BirgeSupreme Court of Georgia · 1851
- Hayden v. BucklinNew York Court of Chancery · 1842
3Cited by66 opinions
- Crosstex North Texas Pipeline, L.P., N/K/A Enlink North Texas Pipeline, Lp v. Andrew Gardiner and Shannon GardinerTexas Supreme Court · 2016
- Holubec v. BrandenbergerTexas Supreme Court · 2003
- Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
- Maranatha Temple, Inc. v. Enterprise Products Company, Texas Court of Appeals, 1st District (Houston)1995
- Sherman Gas & Electric Co. v. BeldenTexas Supreme Court · 1909
61 more not listed; retrieve them via the Exa API.