Legal Opinion

City of Haskell v. Webb

Court of Appeals of Texas

Decided June 10, 1911PublishedCited by 3 opinions

Appeal from District Court, Haskell County; C. C. Higgins, Judge. Action by K. D. Webb against the City of Haskell. Judgment for plaintiff;, and defendant appeals.

1Opinion of the CourtDunklin, J.

The city of Haskell has appealed from a judgment in favor of K. D. Webb for damages sustained by the plaintiff, by reason of the maintenance of a dumping ground, constituting a nuisance, situated near the plaintiff’s home and about one mile outside the corporate limits of the city.

By numerous assignments of error, but one proposition is presented, namely, that plaintiff failed to plead and prove that the establishment and maintenance of the dumping ground was within the corporate powers of the city; the contention being that the burden was upon the plaintiff to show that such acts on the part…

2Cases cited2 opinions

  1. Ostrom v. City of San AntonioTexas Supreme Court · 1901
  2. City of Coleman v. PriceCourt of Appeals of Texas · 1909

3Cited by3 opinions

  1. Jacobs v. City of SeattleWashington Supreme Court · 1916
  2. Stein v. Highland Park Independent School DistrictCourt of Appeals of Texas · 1976
  3. American Warehouse Co. v. HamblenCourt of Appeals of Texas · 1912

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