City of San Antonio v. MacKey

JAMES, Associate Justice.

Appellee, owner of several lots in the city limits, brought suit against the city for damages to his property arising from the use for a number of years of certain of his lots and other lots as a dumping place for refuse matter.

The petition alleged that on one of plaintiff’s lots (No. 178), containing twenty-four acres, he had his residence, and that defendant had deposited on plaintiff’s other lots and on adjacent lots belonging to others, carcasses of dead animals, decayed animal and vegetable matter, night soil, garbage, filth and refuse matter of every description…