Parsons v. City of Athens

HIGGINS, Justice.

H. L. and Homer Lee Parsons, hereinafter called plaintiffs, own a parcel of land south of and abutting Corsicana street in the corporate limits of the city of Athens. About January, 1933, State Highway No. 40 was constructed along said street running in a general easterly and westerly direction. The parcel of land has a dwelling house upon it. Along the east line of plaintiffs’ land is a depression called a “branch,” through which surface water drains to the north across the street and highway.

The plaintiffs brought this suit against the city of Athens and L. H. Lacy Company,…