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CITY OF HOUSTON v. McFADDEN

No. 19.

420 S.W.2d 811 (1967)

The CITY OF HOUSTON, Appellant, v. J. L. McFADDEN, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied November 22, 1967.

Attorney(s) appearing for the Case

Wm. A. Olson, City Atty., Homer T. Bouldin, Trial Supervisor, Joseph G. Rollins, Senior Asst. City Atty., Houston, for appellant.

Bryan, Suhr, Bering & Bailey, William G. Fox, Joseph S. Horrigan, Houston, for appellee.

BARRON, Justice.

This is a suit for damages. J. L. McFadden sued the City of Houston for damages alleged to have been caused by the continual flying of jet airplanes over his home property located in South Houston Gardens. McFadden's property consists of a tract of 42/3 acres of land on which he has erected a one-story frame house having a dimension of 22 feet by 38 feet, with three bedrooms, a living room, a breakfast room and a kitchen. Adjoining the home is a metal...

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