Texas & Sabine Railway Co. v. Meadows

Gaines, Associate Justice.—

This suit was brought below by appellee against appellant to recover damages for an alleged injury to a water mill. It is averred in the petition that appellant constructed its railroad near and parallel to the stream on which the mill was situated, and that as an effect of heavy rains the sand which was loosened by the construction was carried into the stream and filled its channel as well as the pond which retained the water that was to furnish the motive power of the machinery. The stream which supplied the pond was formed by two tributaries running in a general…