Ellen v. City of Bryan

OPINION

TIREY, Justice.

The city of Bryan brought this action against Sonny Ellen to abate a nuisance occasioned by the operation of a chicken and egg farm within the city limits of Bryan. The court permitted some thirty-six resident citizens in the area to file pleas of intervention. The court overruled defendant’s plea in abatement and his motion to strike the pleas of intervention, as well as a motion for continuance and a motion for severance. The jury in its verdict found substantially: (1 and 2) That the odors escaping from the poultry operations of defendant have continued in substantial…