Legal Opinion

Palo Pinto County v. Gaines

Court of Appeals of Texas

Decided May 2, 1914No. 7963PublishedCited by 13 opinions

Appeal from District Court, Palo Pinto County; W. J. Oxford, Judge. Action by A. J. Gaines against Palo Pinto County. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtSpeer, J.

This is an action by A. J. Gaines against Palo Pinto County to recover damages for the overflow of certain farm lands alleged to have been caused by the construction by the defendant county of a public road .in such way as to'back the surface water upon the plaintiff’s land and to destroy his growing cropsl The defendant answered, there was a trial before a jury on special issues, followed by a judgment for the plaintiff, and the defendant appeals. ■

The principal contention .of appellant is that, since the county did not take or appropriate any part of appellee’s property, and since,…

2Cases cited2 opinions

  1. Voss v. County of HarrisCourt of Appeals of Texas · 1903
  2. Ferguson v. Walter Connally & Co.Court of Appeals of Texas · 1903

3Cited by13 opinions

  1. City of Houston v. Renault, Inc.Texas Supreme Court · 1968
  2. County of Harris v. GerhartTexas Supreme Court · 1926
  3. Hall v. Wilbarger CountyCourt of Appeals of Texas · 1931
  4. Farmers State Bank of New Boston v. Bowie CountyTexas Supreme Court · 1936
  5. State v. HaleCourt of Appeals of Texas · 1936

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