Paluxy Asphalt Co. v. Helton

CODY, Justice.

This is a suit by appellee to recover damages to his farm, consisting of 163 acres, from appellant, alleged to have been caused by appellant releasing into Trent Branch refinery waste, oil and salt water, which flowed down stream on to and through such farm. Recovery was not sought on the appellant’s negligence, except as negligence is imputed by law to the violation of Articles 698 and 698a, of Vernon’s Annotated Penal Code. Appellee’s allegations were, in substance, that during the spring of 1937, and the winter and spring months of 1938, rains caused Trent Branch to overflow…