Walenta v. Wolter
Court of Appeals of Texas
Appeal from District Court, Travis County; George Calhoun, Judge. Action by Otto Wolter against John Walen-ta, Sr. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtSwearingen, J.
On August 29, 1914, appellee filed his first amended petition by which he sought to recover of appellant damages caused by the flo.w of surface water after rainfall.
Appellant and appellee owned neighboring tracts of land, that of appellant being naturally lower than appellee’s. The surface water flowing from the higher lands of appel-lee and other neighbors was diverted from its gravity flow over appellant’s cultivated land by embankments built by appellant along his fences for the purpose of repelling surface water from his fields. The embankments caused the surface water to overflow…
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