City of Austin v. Bush

Statement.

BLAIR, J.

Appellee, D. A. Bush, brought this suit against the city of Austin, appellant, for the recovery of damages alleged to" have been sustained on account of the depreciation in the value of his property by virtue of the presence of certain-noxious gas, odors, etc., caused by the construction and operation of a sewage disposal plant by appellant near his premises, which he used as a homestead for himself and family. Appel-lee’s petition alleged that the sewage disposal plant so constructed and operated by appellant emitted noxious, foul, and unwholesome gases, vapors, and odors,…