Legal Opinion

Kennedy v. Garrard

Court of Appeals of Texas

Decided April 12, 1913PublishedCited by 7 opinions

Appeal from District Court, Delta County; R. L. Porter, Judge. Suit by T. T. Garrard against S. W. Kennedy. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtTalbot, J.

Appellee sued appellant to recover damages for a depreciation in the value of his house and lot, situated in the .town of Cooper, Delta county, Tex., and occupied by himself arid family as a home, alleged to have resulted from the construction and use by appellant of a livery stable near appellee’s said home. The petition alleges, among other things, that the use of .the building erected by the defendant, Kennedy, for livery stable purposes has caused irreparable damage and injury to plaintiff’s premises, impaired the health of plaintiff and his family, destroyed the comfort, peace, and…

2Cases cited4 opinions

  1. Rosenthal v. Taylor, Bastrop & Houston Railway Co.Texas Supreme Court · 1891
  2. Burditt v. SwensonTexas Supreme Court · 1856
  3. City of Paris v. AllredCourt of Appeals of Texas · 1897
  4. Hockaday v. WorthamCourt of Appeals of Texas · 1900

3Cited by7 opinions

  1. Wichita Falls Electric Co. v. HueyCourt of Appeals of Texas · 1922
  2. Ehlert v. Galveston, H. & S. A. Ry. Co.Court of Appeals of Texas · 1925
  3. Ward v. WallaceCourt of Appeals of Texas · 1943
  4. Silverman v. UsenSupreme Judicial Court of Maine · 1929
  5. Citizens' Planing Mill Co. v. TunstallCourt of Appeals of Texas · 1913

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