City of Greenville v. McAfee
Court of Appeals of Texas
Appeal from District Court, Hunt County; A. P. Dohoney, Judge. Suit by John T. McAfee against the City of Greenville. Prom judgment for plaintiff, defendant appeals. Appellee owned a dwelling .house and lot fronting north on Washington street in Green-ville, where he lived with his family.
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Appeal from District Court, Hunt County; A. P. Dohoney, Judge. Suit by John T. McAfee against the City of Greenville. Prom judgment for plaintiff, defendant appeals. Appellee owned a dwelling .house and lot fronting north on Washington street in Green-ville, where he lived with his family. His suit against appellant, commenced October 24, 1919, was for damages to his property due, he alleged, to acts and omissions of appellant in paving said street and others near it, whereby surface water was diverted from its natural course to Washington street, where, because of the failure of appellant to…
1Opinion of the CourtWillson, C. J.
(after stating the facts as above). The contention presented by the first assignment is that the trial court erred when be instructed tbe jury as be did in the fourth paragraph of his charge set out in'the statement above. In support of the contention appellant insists it appeared from the evidence as a matter of law that appellee was estopped .from asserting a right to recover damages he suffered. The insistence is predicated on testimony showing that appellee was one of those owning property abutting on Washington street who petitioned appellant to construct concrete gutters with curbs…
2Cases cited5 opinions
- Houston Water Works v. KennedyTexas Supreme Court · 1888
- City of Texarkana v. TalbotCourt of Appeals of Texas · 1894
- Wardlow v. AndrewsCourt of Appeals of Texas · 1915
- Schaff v. ScogginCourt of Appeals of Texas · 1918
- International & Great Northern Railway Co. v. GeiselmanCourt of Appeals of Texas · 1896
3Cited by2 opinions
- Holliday v. City of GreenvilleSupreme Court of South Carolina · 1953
- City of Athens v. EvansCourt of Appeals of Texas · 1931