Marsan v. French

• Decision Date: 19 February 1884
• Docket Number: Case No. 1781.
• Citation: 61 Tex. 173
• Parties: G. B. MARSAN v. A. F. FRENCH.
• Court: Texas Supreme Court

61 Tex. 173

G. B. MARSAN

v.A. F. FRENCH.

Case No. 1781.

Supreme Court of Texas.

Feb. 19, 1884.

APPEAL from Galveston. Tried below before the Hon. Wm. H. Stewart.

The petition of French alleged that appellee was the owner of lot No. 2, in block 384, in Galveston, and said lot was his homestead and had been his homestead, on which he and his family resided since 1873; that after appellee had purchased the lot and established his homestead on it, appellant bought lot No. 1, adjoining appellee's lot on the west; that soon after his purchase, appellant erected on that lot three houses, all built close to each other, without yard room, and in close proximity to appellee's homestead; that immediately after the completion of the houses in the year 1878, appellant “began to rent them to public and notorious prostitutes and lewd women, to be used by them as places of prostitution, and knowing that they were to be so used, and the houses had constantly since been rented by defendant and his agents to that character of persons, and by his consent occupied by them, and have been the resort of prostitutes and base men and women, who have resorted there for purposes of prostitution, which has been well known during all of said time to defendant;” that plaintiff had used all means in his power to prevent such renting and use of the premises; that the tenants of defendant had been time and again prosecuted for keeping disorderly houses and resorts for prostitution, and the tenants pleaded guilty and were convicted of such offenses; yet the defendant had continued this nuisance by consenting thereto, and refused to abate it, and the premises were still used as houses of prostitution; that the defendant has habitually rented said premises to prostitutes, knowing that the premises were being used for the purpose of prostitution, etc.

The petition stated that appellee's family consisted of himself and wife, and three small children, and five sisters of his wife; and actual and special damages were fully and particularly alleged.

The court, on exceptions of appellant, limited special personal damages to such as accrued within one year from the filing of the petition, and special damages alleged to property within two years.

Verdict and judgment for appellant for $1,000 damages, and appellant was enjoined from renting the premises to be kept for the purpose of prostitution, or as a common resort for prostitutes, etc.Davis & Sayles and Robert G. Street, for appellant.

M. Kleberg and Denson & Burnett, for appellee, cited: Clementine v. The State, 14 Mo., 115; Jacobowsby v. The People, 6 Hun, 524; Wood's Law of Nuisances (2d ed.), secs. 31, 871; Givens v. Van Studdiford, 4 Mo. App., 498;72 Mo., 129;Hamilton v. Withridge, 11 Md., 128; Rev. Criminal Code, arts. 339-341; Rev. Ordinances of Galveston, 1883, sec. 11, p. 117; Milliken v. City Council, 54 Tex., 393.

STAYTON, ASSOCIATE JUSTICE.

There are sixteen assignments of error, of which only one is presented in brief of counsel.

This action was brought to recover damages from the appellant for permitting certain houses which he owned, contiguous to the house owned and occupied by the appellee as a home for his family, to be used as places of prostitution, by which he alleged his property was diminished in value, and rendered unfit for a home for himself and family. An injunction was also sought to prevent the continuance of such use of the houses of appellant.

The proof was ample to show that for a long time the appellant had rented his houses to persons under such circumstances that he must have known the purposes for which his houses were used and for which they were rented; in fact he was notified of the fact; for the plaintiff requested him not to permit his houses to be so used, nearly a year before this suit was brought.

The evidence shows that the houses which belonged to the appellant, by reason of their use, became and were for a long time notorious as of the most disreputable houses of prostitution; that their occupants were repeatedly prosecuted and convicted for there keeping houses of...