Evergreen Cemetery, Dallas, Texas

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Judge Nash Makes Verbal Re-
straining Order.

     The motion of the defendants' attorneys in the case of W. S. Ferguson et al vs. J. T. Elliott, for a new trial, was granted this morning by Judge Nash of the fourteenth district court. The suit is known as the "graveyard case," and was tried several days ago and resulted in a verdict for the plaintiffs, which practically prohibited the defendants from burying bodies on the plot of ground known as "Evergreen cemetery," east of Dallas, on the Orphans' Home road. Judge Nash, in granting a new trial, made a verbal order restraining the defendants from burying bodies in the cemetery until after the finding in the second trial.

- Saturday, May 9, 1903, Dallas Daily Times Herald, p. 5, col. 6-7.
- o o o -

W. S. Ferguson et al
J. T. Elliott et al

Saturday June 10th, 1905

Entered as of June 8th, 1905.
     This day came the parties by their attorneys and announced ready for trial and thereupon came on to be heard defendants' demurrers, general and special, to plaintiffs' 2nd amended original petition filed herein May 30th 1905, and argument of counsel being heard, it is the opinion of the Court that the law is for the plaintiffs on all said demurrers; it is therefore considered by the Court, and it is so ordered, adjudged and decreed, that said defendants, said demurrers, general and special, be, and the same are hereby overruled, to which defendant excepted. Thereupon said cause came on to be heard on the merits and the evidence being heard, the court submitted to the jury special issues as follows:
     1st Will the rain water falling upon the cemetery lands percolate through the ground underlying the cemetery to such extent as to reach the waters of any of the wells or springs of any of the plaintiffs mentioned in plaintiffs' petition? To this question, you will answer "yes" or "no":
     2nd If you shall answer "yes" to the foregoing question, then would the rain water so reaching such wells or springs, or any of them carry any disease producing germs, or any product of decomposition from any dead body or bodies, which might be interred on said cemetery interred in such manner as you may believe from the evidence the same would be interred?
To this you will answer "yes" or "no."
     3rd If you shall answer yes to the last preceding question, then would the water of said wells or springs, or any of them, be so contaminated by said germs or products of decomposition as to be dangerous to the life or health of person using the water of such well or wells, or springs, so contaminated?
To this you will answer "yes" or "no."
     Thereupon came a jury of good and lawful men to-wit: W. F. Barcus and eleven others, who, being duly empanelled and sworn upon their oaths, returned into open court the following special verdict to wit:
     We the jury find the following answers to the special issues submitted to us by the court: To the 1st issue, we answer: yes: To the 2nd issue, we answer : yes : To the 3rd issue, we answer : yes:
W. F. Barcus, Foreman.
     Therefore, came on to be heard plaintiffs' motion to render judgment for plaintiffs upon such special verdict, which being heard, it is considered by the court, and it is so ordered, adjudged and decreed, that the said plaintiffs, W. T. Ferguson, J. S. Turner, E. E. Fort, Sam Skillen, Joe Lawther, W. O. Watts, joined by his wife, M. C. Watts, Geo. Shaffner, Richard Froelich, L. O. Beeman, F. Wokaty, Jno. M. McCoy, Jerome Kearby and Orris Littlejohn, do have the writ of injunction prayed for against said defendants; as to the land herein after described, and that said defendants, J. E. Elliott, Ed C. Smith and Dave Smith, each, and all of them their attorneys, agents, employes and servants, be, and they are hereby, perpetually enjoined and forever restrained from using as a cemetery, and from interring dead bodies therein; from selling lots therein for burial purposes, the land, or any part thereof, lying and being situated in the County of Dallas and State of Texas, and particularly described as follows: Viz: Beginning at a point in the West line of the land described in plaintiff's petition as the Cemetery, 235 feet north of the centre of the Texas & Pacific Railway track; Thence North along said west line 1100 feet, a stake; Thence East 1400 feet, a stake; Thence South 1400 feet, a stake; Thence West to the T. & P. Ry right of way; Thence Westerly along said right of way to the S. E. corner of the Hebrew Cemetery; Thence North along the East line of said Hebrew Cemetery about 185 feet to its N. E. corner; Thence west along the North line of said Hebrew Cemetery about 185 feet to its N. W. corner; Thence westerly about 1232 feet to the place of beginning, Excepting out of the aforedescribed field notes what is known as the "Beeman Cemetery."
     It is further considered by the Court and so ordered, adjudged and decreed, that said plaintiffs do have and recover of and from said defendants, all their costs in this behalf expended and that they have their execution for the same. And that the officers of Court have their execution against each party hereto for the costs incurred by them.

- 14th District Court Minutes, Volume 19, pp. 302-304, Dallas Public Library, 7th floor.