Town of Merkel v. Patterson

HICKMAN, Chief Justice.

The appellees are Jack Patterson and Rachel Patterson, minors, who sued by their guardian, Homer Patterson. The suit was for damages against appellant on account of its having established a septic tank as a part of its sewer system in the vicinity of lands belonging to appellees. The minors did not live upon the land, and the damages sought were not on account of any personal inconvenience or annoyance, but were for permanent injuries to the land by reason of the location and operation of the septic tank. The jury found that the operation of the tank was a nuisance, and…