Rhodes v. Whitehead
Texas Supreme Court
Error from Bexar. Tried below before the Hon. Thomas J. Devine. This action was instituted in the District Court of Bexar county on the 30th day of August, 1858, by the plaintiff in error against Thomas Whitehead and others for damages caused by the erection of a dam across the San Antonio river, and to abate the same as-a nuisance.
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Error from Bexar. Tried below before the Hon. Thomas J. Devine. This action was instituted in the District Court of Bexar county on the 30th day of August, 1858, by the plaintiff in error against Thomas Whitehead and others for damages caused by the erection of a dam across the San Antonio river, and to abate the same as-a nuisance. The petitioner alleged that he was the owner of two lots of land situated within the limits of the city of San Antonio, which were bounded on the east and south by the San Antonio river; that he had constantly possessed and claimed the lots as the absolute owner…
1Opinion of the CourtMoore, J.
This is a suit by the plaintiff in error, Rhodes, to recover damages occasioned by a dam erected by the defendants across the San Antonio river, and to abate the same as a nuisance. The jury were instructed by the court that if the defendants, or those under whom they claimed, had received authority, from those *309authorized by the former government, previous to the grant of the land claimed by the plaintiff, to erect near the site of the present one a dam of equal height with that constructed by the defendants, the plaintiff could only recover by showing that the land submerged by the present…
2Cases cited3 opinions
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