Galveston, H. & S. A. Ry. Co. v. Vogt

Appellee, Vogt, sued appellant to recover $3,000 as damages for the destruction of certain crops of corn and cotton in the field and certain farm products gathered, alleging that such damages were occasioned by negligence on appellant’s part in partially filling in certain trestles with a dirt embankment, which Vogt contended caus ed a certain overflow of the Guadalupe river to inundate his premises on October 5, 1913. Plaintiff alleged that the overflow was not unprecedented nor of greater magnitude than ordinary in previous years, but that if it was unprecedented the waters would still not…