
    City of Sylvester v. Wooten, solicitor-general, et al.
    
    Submitted May 6,
    Decided August 12, 1909.
    Injunction. Before Judge Park. Worth superior court. April 3, 1909.
    The injunction restrained the erection of a steel water-tower and water-tank (as a part of the public waterworks system of the city) in the crossing of two prominent and populous streets of Sylvester, which structure would occupy a space of 35 to 40 feet square. The evidence was in conflict upon the issue whether this would materially interfere with the use of the street for ordinary and usual purposes. The plaintiffs contended that the city had no power to use the streets for this purpose; the defendant insisted that it had the power and discretion to fix the location of the tower .at the point in question.
    
      Perry & Tipton and W. E. Grubbs, for plaintiff in error
    
      ClaAide Payton, Marie Tison, and W. E. Wooten, contra.
   Pish, O. J.

Tlie judge did not err in granting an interlocutory injunction.

Judgment affirmed.

All the Justices concur.  