Rainey v. Jones

WILLIAMS, Justice.

A ditch, on the east side of an abandoned rural road, running north and south, both situated between plaintiff R. L. Rainey’s land on the east and defendant J. R. Jones’ land on the west, drained to the south such surface water as emptied into it. The ditch was adjacent to plaintiff’s west boundary line, and, as found by the jury, was situated upon defendant’s land. In response to special issues the jury sustained plaintiff’s allegations that defendant had prior thereto constructed a series of terraces and drainage ditches upon defendant’s land which diverted surface water…