Labadie v. Hawley.
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. "Wm. H. Stewart. Hawley brought this suit against A. Watts and appellant Labadie for the recovery of damages alleged to have accrued in the injury ■to the premises occupied by him, and his merchandise therein, by reason of excessive heat and smoke caused by hot fires made and «continuously kept up by Watts and appellant in a cooking range or oven alleged to have been erected by them upon premises in the city of Galveston,…
Read the full summary
Appeal from Galveston. Tried below before the Hon. "Wm. H. Stewart. Hawley brought this suit against A. Watts and appellant Labadie for the recovery of damages alleged to have accrued in the injury ■to the premises occupied by him, and his merchandise therein, by reason of excessive heat and smoke caused by hot fires made and «continuously kept up by Watts and appellant in a cooking range or oven alleged to have been erected by them upon premises in the city of Galveston, alleged to be in their occupancjr and use as a restaurant, and adjoining the premises of which appellee was the lessee and…
1Opinion of the Court
Stayton, Associate Justice.—
The only matter necessary to be considered is the action of the court below in overruling the appellant’s motion for a new trial.
It appears that the appellant was not the owner of the property-on which the alleged nuisance existed; that he had no interest in the cooking range or business in which it was operated; and that, he was only the agent of the owner of the real estate on which the cooking range was erected and operated by his co-defendant.
It appears that he rented the property to his co-defendant and' authorized him to erect the range, and saw it while in…
2Cases cited5 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Brown v. LentSupreme Court of Vermont · 1848
- Denny v. Manhattan Co.New York Supreme Court · 1846
- Denny v. Manhattan Co.Court for the Trial of Impeachments and Correction of Errors · 1846
- Reid v. HumberSupreme Court of Georgia · 1873
3Cited by20 opinions
- Gussie Fox v. Dallas Hotel Co.Texas Supreme Court · 1922
- Dallas Hotel Co. v. FoxCourt of Appeals of Texas · 1917
- Lough v. John Davis & Co.Washington Supreme Court · 1902
- S. H. Kress & Co. v. SelphCourt of Appeals of Texas · 1952
- Jackson v. McClendonTexas Supreme Court · 1945
15 more not listed; retrieve them via the Exa API.