McMahan v. City of Abilene

This suit was brought by appellant against appellee for damages alleged to have been suffered to the lands of appellant by reason of the erection and maintenance by appellee of a dam across a stream above appellant’s lands. This is the second appeal of this case. The opinion by the Court of Civil Appeals on the former appeal will be found in 261 S. W. 455, and the opinion by the Commission of Appeals will be found in 292 S. W. 525. On the last trial of the case it was submitted to the jury on two special issues, as follows:

“(1) Did the construction and maintenance of defendant’s dam and…