Legal Opinion

City Com'rs of Port Arthur v. Fant

Court of Appeals of Texas

Decided November 24, 1916No. 186PublishedCited by 16 opinions

Appeal from District Court, Jefferson County; E. A. McDowell, Judge. Suit by Mrs. J. E. Fant and others against the City Commissioners of Port Arthur and others to restrain the construction of a drainage ditch. Injunction granted, and defendants appeal.

1Opinion of the CourtBROOIvE, J.

Appellees filed their petition in the district court for the Sixtieth judicial district, asking for an injunction, and on September 14, 1916, filed an amended petition on which the case was tried. They alleged that the city of Port Arthur was a municipal corporation, with powers ordinarily incident to such corporations; that it was laid off into lots, blocks, streets, and alleys; that the plaintiffs were the owners of certain lots mentioned in their petition, and the defendant city was constructing a ditch along Eighth street, which interfered with the free access to and from their property;…

2Cases cited27 opinions

  1. Chicago v. TaylorSupreme Court of the United States · 1888
  2. Gainesville, Henrietta & Western Railway Co. v. HallTexas Supreme Court · 1890
  3. G., C. & S. F. R'y Co. v. FullerTexas Supreme Court · 1885
  4. Rosenthal v. Taylor, Bastrop & Houston Railway Co.Texas Supreme Court · 1891
  5. McCammon & Lang Lumber Co. v. Trinity & Brazos Valley Railway Co.Texas Supreme Court · 1911

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3Cited by16 opinions

  1. Nueces County Drainage & Conservation District No. 2 v. BevlyCourt of Appeals of Texas · 1975
  2. Morgan v. SmartCourt of Appeals of Texas · 1935
  3. Wright v. CareyCourt of Appeals of Texas · 1943
  4. Duvall v. City of DallasCourt of Appeals of Texas · 1930
  5. Fry v. JacksonCourt of Appeals of Texas · 1924

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