City of Houston v. Wall

CODY, Justice.

This was an action for damages to ap-pellees’ residence, resulting from the overflow of the waters of Plum Creek on August 27-28, 1945. It was brought by ap-pellees against appellant, the City of Houston, on the theory that the overflow was caused by drainage works which were put in by the City in its governmental capacity, and that the injury resulting to their property was a “damaging” thereof within the meaning of Sec. 17, art. II, of the State Constitution, Vernon’s Ann.St., which forbids private property being taken, damaged • or destroyed for or applied to public use…