Magnolia Petroleum Co. v. Johnson

SPEER, Justice.

Plaintiff L. Johnson sued Magnolia Petroleum Company, to which defendant we shall refer as Magnolia, and Missouri, Kansas & Texas Railway Company of Texas, to which we shall refer as MKT, to recover damages to property and the health and comfort of 'himself and wife because of an overflow of waters from a tank or lake constructed by Magnolia on a small stream.

For cause of action, plaintiff alleged substantially that many years prior to the date of his injuries, Magnolia had constructed an earthen dam across a small stream or creek which flowed in a general easterly direction,…