Texas & Pacific Railway Co. v. O'Mahoney

BOOKHOUT, Associate Justice.

This suit was instituted, by H. O’Mahoney against the Texas & Pacific Railway Company, in the District Court of Harrison County, in May, 1895, to recover damages alleged to have been sustained by- him by reason of defendant’s erection of a lake or dam on the land of defendant, and permitting the water to escape therefrom and spread over the land of plaintiff. The cause, on motion of plaintiff, was removed to Marion County. Plaintiff alleged, among other things, that- in the month of April, 1894, defendant raised the north bank of said lake or dam about four feet;…