Benavides v. Gonzalez

BARROW, Justice.

This is a summary judgment appeal. Appellant brought this suit to recover for damages allegedly sustained to his land when a reservoir, located on adjoining property, broke and discharged a large body of water upon his land. A motion for summary judgment, supported by affidavits, was filed on behalf of the defendants and, after a hearing on same, a take-nothing judgment was entered.

Although this appeal was perfected as to both defendants, appellant now concedes that the judgment was properly entered as to Martin Gonzalez, in that under the un-contradicted affidavits Martin…