Legal Opinion

Hockaday v. Wortham

Court of Appeals of Texas

Decided January 6, 1900PublishedCited by 16 opinions

Appeal from Fannin. Tried below before Hon. E. D. McClellan.

1Opinion of the Court

STEPHENS, Associate Justice.

—Appellant was sued by appellee for maintaining a nuisance, and prosecutes this appeal from a verdict and judgment against him for $500 damages, given as compensation for the discomfort to which appellee and his wife had been subjected by the nuisance. Because the court refused to abate or enjoin the nuisance, appellee also appeals.'

The basis of appellee’s claim, both for the damages recovered and for injunction, was thus given in his testimony: “I am a. man of family. Have a wife, Ida Wortham, and two children, girls, aged 10 and 5 years respectively. Own and have…

2Cases cited4 opinions

  1. Burditt v. SwensonTexas Supreme Court · 1856
  2. Baugh v. Texas & New Orleans Railway Co.Texas Supreme Court · 1891
  3. Comminge & Geisler v. StevensonTexas Supreme Court · 1890
  4. Shiras v. OlingerSupreme Court of Iowa · 1879

3Cited by16 opinions

  1. Judson v. L.A. Suburban Gas Co.California Supreme Court · 1910
  2. Wichita Falls Electric Co. v. HueyCourt of Appeals of Texas · 1922
  3. Ehlert v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1925
  4. Moore v. ColemanCourt of Appeals of Texas · 1916
  5. Nitram Chemicals, Inc. v. ParkerDistrict Court of Appeal of Florida · 1967

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