Thomas v. Hale County

ROBINSON, Justice.

Plaintiffs, Mr. and Mrs. W. L. Thomas, seek a permanent injunction restraining the defendant, Hale County, Texas, from cutting a certain barrow ditch to a level which plaintiffs contend would divert the natural flow of runoff water so as to cause flooding of plaintiffs’ land. The trial court denied plaintiffs’ motion for a temporary mandatory injunction requiring Hale County to partially fill in the ditch pending final judgment. Plaintiffs appeal from the interlocutory order. Affirmed.

In a hearing on an application for temporary injunction, the only question before the court…