Cabla v. Shockley

DENTON, Chief Justice.

Appellant, Albert Cabla, sought a mandatory injunction which would require W. J. Shockley, appellee, to completely remove an earthen dike or dam built and maintained by appellee along the common boundary line of the parties’ property. Appellant alleged the dike interfered with the natural flow of surface water from Cabla’s land and that as a result of such interference his land suffered continuing damage. Two special issues were submitted to the jury and the jury found the dike did not obstruct the natural flow of the surface water from appellant’s land so as to impound…