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CITY OF ABILENE v. DOWNS

No. 3691.

359 S.W.2d 642 (1962)

CITY OF ABILENE, Appellant, v. John F. DOWNS et al., Appellees.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied September 7, 1962.

Attorney(s) appearing for the Case

John Davidson, City Atty., Abilene, for appellant.

Brooks & Fergus, Abilene, for appellees.

COLLINGS, Justice.

John F. Downs, Vena Powers et al. and E. F. Shotwell et al., owners of farms adjoining each other and located east of the new sewer farm of the City of Abilene brought suit against the city in October, 1960, for damages to their lands. Plaintiffs alleged that the operation of the city's sewer farm commenced on July 10, 1958, when the city began discharging approximately three million gallons of sewage...

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