Legal Opinion

Tomson v. Simmons

Court of Appeals of Texas

Decided November 20, 1915No. 7431PublishedCited by 2 opinions

Appeal from District Court, Dallas County; E. B. Muse, Judge. Action by John Tomson against J. J. Simmons. From a judgment for defendant, plaintiff appeals.

1Opinion of the CourtRasbur.y, J.

We copy appellant’s statement of the nature and result of the suit, which is as follows:

“This was an action brought by appellant against appellee for damages for the unlawful destruction of appellant’s easement to take water from a certain artesian well not yet dug by virtue of the appellant’s 99-year lease thereof. Judgment for appellee.”

Following the foregoing, appellant sets out in full a duly recorded lease executed March 6, 1895, by W. J. and Minnie Bogan, the effect of which is to confer on appellant the right to use the w'ater from an artesian well on the premises of the Logans in the…

2Cases cited2 opinions

  1. Shaw v. GarrisonCourt of Appeals of Texas · 1915
  2. Texarkana & Ft. S. Ry. Co. v. BrassCourt of Appeals of Texas · 1915

3Cited by2 opinions

  1. Crum v. ThomasonCourt of Appeals of Texas · 1915
  2. Kansas City, M. & O. Ry. Co. of Texas v. OdomCourt of Appeals of Texas · 1916

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