League v. Journeay
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. Peter W. Gray. This suit was brought by Thomas M. League, John H. lilies, Catherine E. McLelland, and George C. Rains, for the abatement of a nuisance. The facts alleged by them are sufficiently stated in the opinion. The defendant filed a general demurrer, a general denial, and an answer which need not be set forth here. Verdict for the defendant, and judgment thereon accordingly.
1Opinion of the CourtBell, J.
The plaintiffs below, who are the appellants in this court, alleged in their petition that the shop and business of the defendant, Henry Journeay, constituted a nuisance to the public, and especially to the neighborhood in which the plaintiffs resided. They alleged that the danger to their residences from fire was increased, because of the fires that were kept in the defendant’s shop, because of the insecurity of the machinery and arrangements of the shop, and because of the large amount of combustible material kept there. They alleged that smoke was produced in great quantities by the…
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