El Paso County v. Elam

WALTHALL, Justice'.

We adopt the statement contained in appellant’s brief, as does appellee, as to the nature and result of this suit.

J. H. Elam brought this suit against the County of El Paso, in which he claimed that the county had damaged his land by diverting surface water from its natural channel upon his land. The facts pleaded and shown by the evidence are substantially as follows:

Plaintiff Elam, at the times mentioned, was the owner of 96 acres of land near the town of Fabens, in El Paso County. In the summer of 1930, the county caused to be constructed what is known and designated as…