City of Brady v. Cox

Appellee sued appellant, the city of Brady, for damages, alleging, proving, and the jury finding that in the improvement of Crothers avenue, in accordance with the plans and specifications adopted by the city council, appellant raised the grade and paved the street so as to divert flood waters from their natural channel onto and across some of appellee’s property abutting on and situated immediately south of Crothers avenue; and that appellant so constructed the grade of Crothers avenue as to leave no drainage for flood waters through their natural channel, thereby impounding a materially…