Clutter v. Davis

BOOKHOUT, Associate Justice.

W. J. Clutter, the appellant, sued J. H. Davis and A.- E. Work, appellees, in the District Court of Fannin County, to enjoin them from digging wells and holes in the ground in a public road laid out through plaintiff’s land, and to recover damages.

Defendants answered by general demurrer, general denial, and specially, that the wells in the highway are necessary for the convenience and comfort of travelers over said highway; that they were acting under instructions of the commisioner of Fannin County in digging said wells. A trial resulted in a verdict and judgment…