The Texas Court Reporter Volume 2

The Texas Court Reporter Volume 2

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1901 edition. Excerpt: ... is, they were acting together as principals. Under this state of facts the charge above copied as given by the court is correct. See Moore v. State, 39 Texas Crim. Rep., 266. X0 error appearing in the record, the judgment is affirmed. to recover certain damages, as well as permanent damages, to his land, caused by the construction and operation by the city of a sewer. Subsequently, February 18, 1897, appellant deeded to the city a piece of land adjoining his farm, for the purpose of constructing and maintaining thereon a sewer farm. In the deed made by appellant is the following clause: "It is expressly understood and agreed that by executing the deed Scrivner did not waive any right or cause of action then pending against the city, or anyone else, by reason of the city sewer and its operation, or the operation of anything connected with it or in conjunction with it." On September 29, 1897, plaintiff amended his petition, "abandoning his suit for permanent injury to his land, and claiming seventeen hundred dollars for-temporary damages, sickness of family, and digging pool." The case was tried on plaintifi"s amended petition. filed October 7, 1899, in which he sought a recovery alone for permanent injury to his land, and judgment rendered for the city. The evidence shows that the city first built its sewer system in September, 1894, which emptied into Baker's Branch. After this suit was orginally instituted the city extended the sewer to the land sold it by plaintiff, and upon which is erected the sewer farm. The sewer was constructed across plaintiff's land, he giving the right of way. The sewer farm was skillfully constructed and is:1 public necessity. The plaintiff alleges permanent injury to his...
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Product details

  • Paperback | 994 pages
  • 189 x 246 x 50mm | 1,737g
  • United States
  • English
  • black & white illustrations
  • 1236975685
  • 9781236975683