Russell v. General Const. Co.

LESLIE, Justice.

The General Construction Company, a corporation, filed this suit against C. K. Russell and wife, seeking to foreclose a paving lien against their homestead in Merkel, Tex., an incorporated city. The defendants entered a general denial, set up cross-action, claiming damages against the construction company, in that their property had been injured (1) by the negligent raising of the street grade, thereby diverting water from its natural drainage and causing same to flow toward and about defendants’ residence; (2) grading and paving unskillfully and negligently done; (3) failure…