Roby v. Hawthorne

JO'NES, Chief Justice.

Charles Roby, appellant, instituted this suit in a district court of Dallas county, to recover damages from R. O. Hawthorne, appel-lee, for diverting surface water from its natural flow, and causing same to flow across appellant’s land. From an adverse judgment, based on the findings of a jury, appellant has prosecuted this appeal. The following are the necessary facts:

What is known as the Combine road, a public thoroughfare, extends north and south through the western edge of the town of Seagoville, in Dallas county. Appellant’s land, consisting of 76.8 acres, borders…