Missouri-Kansas-Texas R. Co. of Texas v. Williams

(after stating the facts as above). Appellant insists that the court should have given the requested peremptory instruction to the jury, and that the judgment should be reversed and rendered on appeal for the following reasons: (1) The alleged nuisance being only temporary, and the suit being only for permanent injuries to his premises, the plaintiff was not entitled to recover. (2) The cause of the alleged nuisance, and the nuisance, was shown to have existed more than two years prior to the filing of the suit, and the suit was therefore barred by limitation. (3) The company, being a…