Stoner v. City of Dallas

BATEMAN, Justice.

The appellant Jack V. Stoner sued appel-lee City of Dallas for damages to his home resulting from the alleged diversion of flood waters of South Ash Creek, which flows adjacent to his home. The trial court sustained the appellee’s motion to dismiss the suit on the ground that the petition failed to state a cause of action. The appellant pitched his suit upon the alleged violation by appellee of Vernon’s Ann.Civ.St. Art. 7589a, which provides in part:

“It shall hereafter be unlawful for any person, firm or private corporation to divert the natural flow of the surface waters in…