Vann v. Bowie Sewerage Co., 1931-6512.

• Decision Date: 12 February 1936
• Docket Number: No. 1931-6512.,1931-6512.
• Citation: 90 S.W.2d 561
• Parties: VANN et al. v. BOWIE SEWERAGE CO., Inc.
• Court: Texas Supreme Court

90 S.W.2d 561

VANN et al. v. BOWIE SEWERAGE CO., Inc.

No. 1931-6512.

Commission of Appeals of Texas, Section A.

February 12, 1936.

Error to Court of Civil Appeals of Second Supreme Judicial District.

Suit by P. B. Vann and another against the Bowie Sewerage Company, Incorporated. Judgment for the plaintiff was reversed and judgment rendered for defendant by the Court of Civil Appeals [59 S.W.(2d) 180], and the plaintiffs bring error.

Judgment of the Court of Civil Appeals affirmed in part and reversed in part, and judgment of the trial court reformed and affirmed.

Donald & Donald, of Bowie, for plaintiffs in error.

J. W. Chancellor, of Bowie, for defendant in error.

HARVEY, Commissioner.

This is an action brought by P. B. Vann and wife against the Bowie Sewerage Company for damages alleged to have resulted from a permanent nuisance maintained by the company. The damages claimed are for injury to land belonging to the Vanns, and for personal injuries suffered by each of them, in the way of impairment of health and bodily discomfort. The case was tried before a jury on special issues, resulting in a judgment in favor of the Vanns for the sum of $4,000 for the depreciation of the market value of their land, and for the sum of $2,250 for personal injuries suffered by Vann, and for the sum of $1,750 for personal injuries suffered by Mrs. Vann. The sewerage company appealed, and the Court of Civil Appeals reversed said judgment and rendered judgment for the sewerage company. 59 S.W.(2d) 180. The Vanns have been granted the writ of error.

The material facts are substantially as follows:

On January 25, 1925, Vann bought a tract of 100 acres of land near the town of Bowie. He and his wife immediately moved on the place and made same their home. A creek crosses the tract of land. Just above this tract, and separated therefrom by a lane, is a tract of land belonging to the sewerage company. This tract of the company borders on the creek, and the company maintains and operates on the bank of the creek a large septic tank for the disposal of sewage flowing down the sewer from the town of Bowie. The septic tank was constructed and put in operation by the company in the year 1916, and has been in operation ever since. The sewage from the town flows into the septic tank, and after going through some sort of settling process there, the water is discharged into the creek. This water is polluted when discharged, and same causes the polluted and highly offensive condition of the creek across the Vann land of which the Vanns complain. The creek is not a running stream, but is merely a large gully or drainway into which surface waters from adjacent territory drains, and, except for a short period following each recurring rainfall, consists of a series of stagnant pools along its bed. When Vann bought the land in question, he inspected the creek across it and discovered no noxious substances or other evidences of pollution there, and the creek emitted no offensive odors. About six months later, he discovered noxious substances in the creek on his land, and offensive odors rose from the creek. This condition resulted from the polluted water that was being discharged from the company's septic tank into the creek above Vann's land. Vann complained to the company, and the company attempted to remedy the situation by digging on its premises a number of pits to catch and withhold from the creek the polluted water discharged from the septic tank. Some time later, when these pits filled and began to overflow, the polluted water ran into the creek and this continually recurred up to the time this case was tried. When the polluted water began again to come down the creek upon Vann's land, Vann again made complaint to the company, and the company's president told him that the company was unable to do anything more to remedy the matter. Witnesses for the company testified to the effect that the condition of the...