367 S.W.2d 942 | Tex. App. | 1963
Raymond T. Bynum and wife sued the City of Abilene for damages to their farm alleged to have been caused by odors, insects and sewage from the city’s new sewer farm, which it built adjoining plaintiffs’ land. A jury found that the City’s sewage disposal operation caused objectionable matter, such as noxious fumes, odors, insects or sewer effluent to come upon plaintiffs’ land; that same caused a depreciation in its market value; that the damage was permanent; that prior thereto plaintiffs’ land had a market value of $86,000.00 and afterwards its market value was $36,000.00. Issue number 6 and the jury’s answer were as follows:
“Do you find from a preponderance of the evidence that the Plaintiffs had knowledge of the extent of the damages, i-f any, in the depreciation of the value of their property, if any, by reason of the sewage disposal operation in question, before January 17, 1959?— They did not have.”
The court rendered judgment for the plaintiffs for $50,000.00 and the City has appealed.
The City objected to the submission of issue 6, among other -reasons, be
In Beck v. American Rio Grande Land and Irrigation Company, Tex.Civ.App., 39 S.W.2d 640, 641 (Writ Ref.), it was held that limitation for recovery of damages to 'land caused by water seepage ran from the time the injury to plaintiff’s land became apparent, or should have been discovered by due diligence. See also Geochemical Surveys v. Dietz, Tex.Civ.App., 340 S.W.2d 114, 117 (Ref. N.R.E.); Houston Natural Gas Corporation v. Pearce, Tex.Civ.App., 311 S.W.2d 899, 910 (Ref. N.R.E.); Linkenhoger v. American Fidelity and Casualty Company, Inc., 152 Tex. 534, 260 S.W.2d 884; City of Abilene v. Downs, 359 S.W.2d 642, 646 and Lance v. City of Mission, Tex.Civ.App., 308 S.W.2d 546.
We have considered all remaining points and have concluded that they do not present reversible error. They are overruled.
The judgment is reversed and the cause is remanded.