Cooper v. City of Dallas

HEFRY, Associate Justice.

This suit was brought by the appellant to recover damages caused by an overflow of his premises. The case is presented to us upon the following agreed statement:

“Said waters were caused to flow upon said lands, first on April 23 and then on the 24th, 1887, by the city of Dallas, in the exercise of its authority conferred upon it by its charter, by grading and paving Elm Street and Preston Street, the grade of said streets being thereby raised higher than the adjacent lands and the lands of the plaintiff, 'and by reason of the insufficiency of the sewer laid by the…