Texas & Pacific Railway Co. v. Whitaker

STEPHENS, Associate Justice.

Appellee recovered of appellant $500 on account of the loss of a cotton crop, a grape crop and a vineyard in Ward County, Texas, destroyed by water about July 23, 1902. A very heavy rain fell about that time in that locality, and the natural flow of the water was obstructed by an embankment which had been thrown up by appellant in the construction of its railway. This embankment backed up the water and caused it to stand on the cotton field and vineyard till the cotton, grapes and grape vines were destroyed. The value of the property so destroyed could not…