International & Great Northern Railway Co. v. Geiselman

GARRETT, Chief Justice.

Appellee brought this suit in the District Court of Harris County to recover damages of the appellant for injuries to appellee’s land, alleged to have been caused by the maintenance of a ditch which precipitated water upon said land and caused it to be frequently overflowed and to be torn up and wasted away. Appellant pleaded, among other defenses, a former recovery by the appellee upon the same cause of action. Appellee seeks to maintain this suit by .averment and proof that within the last two years before the filing of the petition, the appellant had deepened the…