Legal Opinion

John Dollinger, Jr., Inc. v. Horkan

Court of Appeals of Texas

Decided April 5, 1918No. 328PublishedCited by 12 opinions

Appeal from District Court, Jefferson County; E. A. McDowell, Judge. Suit by J. F. Horkan and others against John Dollinger, Jr., Incorporated, for an injunction. From a decree granting a temporary injunction, defendant appeals. Reversed.

1Opinion of the CourtBrooke, J.

Appellees brought suit against appellant to enjoin the use of air hammers in a certain boiler factory owned by appellant, and situated on the east side of Railroad avenue in Beaumont, in a certain triangle between tracks of the Kansas City Southern and Beaumont Wharf & Terminal Company. It is alleged that the use of the hammers created a large volume of noise, which was injurious to the rest, comfort, and health of plaintiffs, who lived in that vicinity. Appellant was duly cited, and a hearing was had upon the question of granting a temporary injunction, and the district court granted an…

2Cases cited6 opinions

  1. Bettman v. HarnessWest Virginia Supreme Court · 1896
  2. Powhatan Coal & Coke Co. v. RitzWest Virginia Supreme Court · 1906
  3. Simms v. ReisnerCourt of Appeals of Texas · 1911
  4. City Com'rs of Port Arthur v. FantCourt of Appeals of Texas · 1916
  5. Simms v. Southern Pipe Line Co.Court of Appeals of Texas · 1917

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Ross-Whitney Corp. v. Smith Kline & French LaboratoriesCourt of Appeals for the Ninth Circuit · 1953
  2. Dallas Hunting & Fishing Club v. Dallas County Bois D'Arc Island Levee Dist.Court of Appeals of Texas · 1921
  3. Morgan v. SmartCourt of Appeals of Texas · 1935
  4. Hidalgo County Water Improvement Dist. No. 2 v. Cameron County Water Control & Improvement Dist. No. 5Court of Appeals of Texas · 1952
  5. City Council of Fort Worth v. Fort Worth Associated Master Plumbers & Heating Contractors, Inc.Court of Appeals of Texas · 1928

7 more not listed; retrieve them via the Exa API.

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