Haas v. Choussard
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Suit by appellee against appellants for damages done the former by reason of a mill dam which the latter had erected immediately below him on the Medina river. The petition claimed damages and abatement of the nuisance. Both premises were in the town of Castroville. The proceedings are stated as fully in the Opinion, as is necessary to show the points of law decided.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Suit by appellee against appellants for damages done the former by reason of a mill dam which the latter had erected immediately below him on the Medina river. The petition claimed damages and abatement of the nuisance. Both premises were in the town of Castroville. The proceedings are stated as fully in the Opinion, as is necessary to show the points of law decided. There was no question of prescription involved. The plaintiff had a verdict for $620, upon which judgment for same was entered : but it did not appear that the…
1Opinion of the Court
Hemphill, Ch. J.
There can be no doubt but that, upon the evidence, the plaintiff Choussard was entitled to recover for actual damage. He was the owner of lands on the river which were partially overflowed by the back water from the dam of the defendants below, inflicting other injuries as alleged and attempted to be proven by the plaintiff. He had a right to the use of the water adjacent to his lots, as it flowed in its natural channel; a right inherent to, and inseparably connected with, the land itself. (Angell on Water Courses Sec. 90.) The doctrine on the subject of rights of proprietors…
2Cases cited1 opinion
- Pastorius v. FisherSupreme Court of Pennsylvania · 1828
3Cited by23 opinions
- Barstow v. StateCourt of Appeals of Texas · 1987
- Humphreys-Mexia Co. v. ArseneauxTexas Supreme Court · 1927
- In Re Adjudication of the Water Rights, Etc.Texas Supreme Court · 1982
- Wiegand v. RiojasCourt of Appeals of Texas · 1977
- Martin v. BurrTexas Supreme Court · 1921
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