Munson v. Metz

Court of Appeals of Texas

Munson v. Metz

1 White & W. 97

CourtCourt of Appeals of Texas

DecidedNovember 24, 1882

DocketNo. 1264, R. Book No. 4, p. 204

StatusPublished

This text of 1 White & W. 97 (Munson v. Metz) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Munson v. Metz, 1 White & W. 97 (Tex. Ct. App. 1882).

Pincite

Opinion

Opinion by

White, P. J.

§ 245. Obstructing sewer, nuisance. A party would not be justified in so obstructing a public sewer as to overflow and damage the property of others, even though the purpose was to prevent the sewer from becoming a nuisance. But to authorize a recovery against him in such case, the burden is upon the party complaining to establish, with reasonable certainty, that the overflow was caused by such obstructions.

Reversed and remanded.

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Opinion by

White, P. J.

§ 245. Obstructing sewer, nuisance. A party would not be justified in so obstructing a public sewer as to overflow and damage the property of others, even though the purpose was to prevent the sewer from becoming a nuisance. But to authorize a recovery against him in such case, the burden is upon the party complaining to establish, with reasonable certainty, that the overflow was caused by such obstructions.

Reversed and remanded.

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Bluebook (online)

1 White & W. 97, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munson-v-metz-texapp-1882.