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MEEKER v. CITY OF KERRVILLE

No. 12826.

279 S.W.2d 495 (1955)

Burton MEEKER et al., Appellants, v. CITY OF KERRVILLE, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Granted May 4, 1955.

Motion for Rehearing Overruled June 1, 1955.

Attorney(s) appearing for the Case

Robert I. Wilson, Kerrville, G. Woodson Morris, San Antonio, for appellant.

Jim W. Weatherby, Kerrville, for appellee.

POPE, Justice.

This is an appeal from an instructed verdict against appellants, Burton Meeker and Franklin W. Meeker, who sued for damages to their property caused by the erection and operation of a sewer plant by the City of Kerrville. Appellants undertook to prove that the noxious odors from the plant damaged their adjoining 125 acres of land which is potential suburban residence property. The suit is not grounded on negligence. See Bennett v. Brown County Water...

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