Bisso v. Southworth

• Decision Date: 16 November 1888
• Citation: 10 S.W. 523
• Parties: BISSO <I>v.</I> SOUTHWORTH.
• Court: Texas Supreme Court

10 S.W. 523

BISSO

v. SOUTHWORTH.

Supreme Court of Texas.

November 16, 1888.

Appeal from district court, Navarro county; SAMUEL R. FROST, Judge.

Suit by J. H. Southworth against Peter Bisso to enjoin a nuisance, and for damages. Judgment for plaintiff, and defendant appeals.

John D. Lee and Simpkins & Neblett, for appellant. Beale & Autrey, for appellee.

GAINES, J.

This suit was brought by appellee against appellant to enjoin him from permitting a bawdy-house to be kept upon certain property owned by him in the city of Corsicana, and to recover damages caused by the nuisance. The allegations of the petition show that the defendant was the owner of a house and lot in the city, and that the plaintiff owned other houses and lots in the same vicinity, upon one of which he resided with his wife and children, the other being used "for rental purposes;" that for two years previous to the filing of the petition the defendant had rented his house to lewd women as a place of prostitution, and that during all that time it had been occupied by his consent by such women as a place of public prostitution. It was also averred that during the time the inmates of the house, "at all hours of the day and night, had been guilty of boisterous, vulgar, and indecent conduct in the view and hearing of this plaintiff and his family and his tenants." It was also alleged in substance that the plaintiff and others had used efforts to abate the nuisance by prosecuting the inmates, by warning the defendant, and by notifying him in writing not to permit the house to be used for such purposes; and that, notwithstanding this, for the purpose of shielding himself from the consequences of his conduct, defendant had made a deed to the keeper of the house, which was without consideration, and "a sham and fraud." The petitioner also averred that by reason of the premises the plaintiff had had great difficulty in renting the houses kept by him for that purpose; that they had depreciated in value; and that he had suffered a wrong and outrage to his feelings; and claimed damages, actual and exemplary, both to his property and feelings. The court charged the jury that if they found for the plaintiff, and awarded damages, that they would state in their verdict how much was allowed for permanent depreciation in the value of the property, how much for loss of rents, and how much for injury to the plaintiff's feelings; but also charged them that they should not give exemplary damages. The jury found for plaintiff, and gave $25 as damages for loss of rents, and $75 for injury to his feelings, and that there had been no depreciation in the value of the property.

It is insisted that the pleadings did not warrant an award of damages for a loss of rents, and that therefore the charge of the court instructing the jury to find such damages was error. We do not concur in the proposition. The allegations in the petition indicated that plaintiff had been damaged by the difficulty in renting his property, as well as by depreciation, and alleged his aggregate damages from this source at $2,000. This was, we think, sufficient, in a general way, to apprise the defendant of the nature of plaintiff's claim in these particulars; and that, if he had desired a more specific allegation, he should have interposed a special exception to...