CITY OF ABILENE v. BAILEY

No. 3612.

345 S.W.2d 540 (1961)

CITY OF ABILENE, Appellant, v. William L. BAILEY et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied May 5, 1961


Attorney(s) appearing for the Case

Eplen, Daniel & Hooper, Abilene, for appellant.

Brooks & Fergus, Abilene, for appellees.


GRISSOM, Chief Justice.

William L. Bailey and others, who own a farm adjacent to the City of Abilene's sewage disposal plant, sued the city for damages caused by obnoxious odors and insects coming from said plant onto their farm and causing a depreciation in its market value. Plaintiffs alleged that the city, in March, 1959, built a sewage disposal plant on a tract of land separated from plaintiffs' 237.4 acre stock farm...

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