City of Honey Grove v. Mills
Court of Appeals of Texas
Appeal from District Court, Fannin County; Ben H. Denton, Judge. Action by Haymon Mills against the City of Honey Grove. From judgment for plaintiff, defendant appeals. The appellant, a municipal corporation, acquired by purchase on March 12,1918, a sewerage system, and operates the same.
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Appeal from District Court, Fannin County; Ben H. Denton, Judge. Action by Haymon Mills against the City of Honey Grove. From judgment for plaintiff, defendant appeals. The appellant, a municipal corporation, acquired by purchase on March 12,1918, a sewerage system, and operates the same. Prior to that time it had, been owned and operated by certain private individuals, who installed and finished the plant in 1911. Appellee owns a tract of land of 68 acres, where he resides with his wife and two adult daughters. The land is situated outside of the city limits and one-half mile northwest of…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The plaintiff sues in his own individual capacity for personal damages for annoyance and discomfort suffered “by plaintiff and his family” through odors and disagreeable smells occasioned by the negligent’ operation of the plant. Plaintiff also sues for damages to his land, alleging its depreciated value resulting from the construction and presence of the sewerage plant and through negligent operation of the same.
Appellee offered evidence, and appellant excepted to its introduction, of the sickness of his daughters from chills and fever and malaria, and…
2Cases cited8 opinions
- Baltimore & Potomac Railroad v. Fifth Baptist ChurchSupreme Court of the United States · 1883
- Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
- Austin & Northwestern Railway Co. v. AndersonTexas Supreme Court · 1891
- Baugh v. Texas & New Orleans Railway Co.Texas Supreme Court · 1891
- Town of Jacksonville v. McCrackenTexas Commission of Appeals · 1921
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Austin v. BushCourt of Appeals of Texas · 1924
- Magnolia Petroleum Co. v. AikenCourt of Appeals of Texas · 1926
- Cross v. Texas Military CollegeCourt of Appeals of Texas · 1933
- Bowie Sewerage Co. v. ChandlerCourt of Appeals of Texas · 1940
- City of Iowa Park v. CameronCourt of Appeals of Texas · 1930