Carmichael v. City of Texarkana
U.S. Circuit Court for the District of Western Arkansas
This is a suit in equity.against a city and others for the abatement of a nuisance alleged to have been created by the discharge of sewage from the sewer system of the city on the premises of complainants, and to recover damages caused to complainants thereby. Heard on demurrers to bill. The bill in this case alleges, in substance: That the plaintiffs are husband and wife, and citizens and residents of Bowie county, in the state of Texas.
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This is a suit in equity.against a city and others for the abatement of a nuisance alleged to have been created by the discharge of sewage from the sewer system of the city on the premises of complainants, and to recover damages caused to complainants thereby. Heard on demurrers to bill. The bill in this case alleges, in substance: That the plaintiffs are husband and wife, and citizens and residents of Bowie county, in the state of Texas. That the city of Texarkana, Ark., is a. municipal corporation, duly incorporated under the laws of Arkansas, situate in Miller county, state of Arkansas,…
1Opinion of the Court
ROGERS, District Judge.
By the general statutes of Arkansas (Sand. & H. Dig. c. 112, § 5321 et seq.') the authority is conferred on cities and towns to -create improvement districts, among other things for the purpose of constructing and maintaining sewers. -The construction is done by a board of improvement composed of three members appointed by the city or town creating the improvement district. When the sewers are completed, the city is authorized to compel inhabitants to connect their sinks and closets therewith. The same power is given to erect and maintain waterworks, and to enforce…
2Cases cited51 opinions
- Story v. . New York Elevated R.R. Co.New York Court of Appeals · 1882
- Mississippi & Missouri Railroad v. WardSupreme Court of the United States · 1863
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Galway v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1891
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
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3Cited by10 opinions
- Karns v. AllenWisconsin Supreme Court · 1908
- Carmichael v. City of TexarkanaCourt of Appeals for the Eighth Circuit · 1902
- City of Harrisonville, Mo. v. WS Dickey Clay Mfg. Co.Court of Appeals for the Eighth Circuit · 1932
- Ratzlaff v. Franz Foods of ArkansasSupreme Court of Arkansas · 1974
- Amended April 11, 2017 Board of Water Works Trustees of the City of Des Moines, Iowa v. Sac County Board of Supervisors, as Trustee of Drainage Districts 32, 42, 65, 79, 81, 83, 86, and Calhoun County Board of Supervisors and Sac County Board of Supervisors as Joint Trustees of Drainage Districts 2 and 51 and Buena Vista County Board of Supervisors and Sac County Board of Supervisors as Joint TrusteesSupreme Court of Iowa · 2017
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