W. L. Diamond & Oak Cliff Sewerage Co. v. Smith

BOOKHOUT, Associate Justice.

This was a suit instituted by Ben W. Smith in the District Court of Dallas County against the Oak Cliff Sewerage Company and W. L. Diamond, to recover damages. The petition alleged, in substance, that in 1896 plaintiff erected his residence and home on lots 1 and 2, block 106, in Oak Cliff, Texas, which, since said date, had been occupied by himself and family as his home, and that afterward plaintiff erected three tenement houses, which are now used and occupied as such. That in 1896 plaintiff built and connected with his home a sanitary sewer, and also, as…