State v. Malone

McCLENDON, Chief Justice.

Suit by Malone against the State and the Highway Commission for compensatory damages for destruction of growing cotton and pei-mauent injui-y to the soil on Malone’s irrigated farm in El Paso County, allegedly caused by the construction and maintenance of State Highway No. 1 (National Highway No. 80) in such manner as to impound upon the farm flood waters from heavy rains in June, 1930, and August, 1931. The suit was brought under legislative permission and liability was predicated upon Art. 1, Sec. 17 of the State Constitution, Vernon’s Ann.St., providing that “No…