Wilson v. Hagins

This is the second appeal in this case. 116 Tex. 538, 296 S. W. 922; (Tex. Civ. App.) 262 S. W. 770.

This suit was filed by A. J. Hagins and B. J. Hagins against W. T. Wilson to recover damages alleged to have resulted to the plaintiffs’ lands from the erection of an embankment by defendant which caused the flood waters of Duck creek to.be diverted from defendant’s land and to flow across the lands of plaintiffs, and to enjoin such diversion.

Duck creek is not a perennial stream and is dry and does not flow except in times of rains and freshets.

It is alleged by the plaintiffs, Hagins, supported…