Legal Opinion

Hester v. McAdams

Court of Appeals of Texas

Decided March 2, 1918No. 8678PublishedCited by 6 opinions

Appeal from District Court, Erath County; W. J. Oxford, Judge. Suit by J. B. McAdams against O. B. Hester. Judgment for plaintiff, and defendant appeals.

1Opinion of the CourtDunklin, J.

O. B. Hester and J. B. McAdams owned adjoining tracts of land, separated by a ditch. Hester’s tract lies north of tbe McAdams tract and on higher ground. Water from rainfall accumulating upon bis land makes its escape west through the ditch, tbe east end of which is higher than its west end. Water from rainfall accumulating on other land east of Hester’s tract flows in a southwesterly direction across tbe southeast corner of Hester’s land and into the ditch. Water accumulating in the ditch from this source, added to that accumulating on Hester’s tract during heavy rains, causes an overflow of…

2Cases cited2 opinions

  1. Gross v. City of LampasasTexas Supreme Court · 1889
  2. Booker v. McBrideCourt of Appeals of Texas · 1897

3Cited by6 opinions

  1. Roby v. HawthorneCourt of Appeals of Texas · 1934
  2. Anderson v. Highland Lake Co.Court of Appeals of Texas · 1924
  3. Stoner v. City of DallasCourt of Appeals of Texas · 1965
  4. Hagins v. WilsonCourt of Appeals of Texas · 1924
  5. Kahn v. Bauch Leather Co.Court of Appeals of Texas · 1929

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