Mason v. Rockwall County Levee Improvement Dist. No. 1

WILLSON, O. J.

(after stating the case as above).

We' think the conclusion of the trial court, that the appellee improvement district was not liable for the damages appellant sought to recover of it,1 was supported by the finding that the digging of the ditch was not a part of the district’s “plan of reclamation.” The power conferred by the statute (article 7980, Rev. St. 1925) was to construct and maintain within the district improvements necessary or proper to accomplish the “plan of reclamation” adopted and approved as provided in article 7990. The statute declared it to be unlawful for a…