Phillips v. Naumann

Upon the petition of respondent W. H. Naumann the Commissioners’ Court of Burnet County entered an order for the opening of a public road across the ranch of petitioners W. L. Phillips and wife. This suit was brought by petitioners for an injunction restraining the Commissioners’ Court, the individual members thereof, and Naumann from acting under or enforcing or attempting to enforce any order authorizing the opening of a road in response to Naumann’s petition. Upon a trial the jury in answer to special issues found: (1) That the Commissioners’ Court in ordering the opening of the proposed…