North Texas Compress & Warehouse Co. v. Howard

This was an action for damages for unlawfully diverting the natural flow of surface waters. The suit was brought by Sarah E. Howard and her husband, Robert Howard, against North Texas Compress & Warehouse Company, which we will refer to for convenience as the compress company. Plaintiffs recovered in the court below upon a special issue verdict, and the compress company has appealed.

The uncontradicted evidence in' the case shows the following: The property of the compress company was about 900 feet long, bounded on the east by a railway company’s right of way, on the north by Haight street,…