Houston & Texas Central Railroad v. Darwin

KEY, Associate Justice.

—Appellee brought this suit against appellants, the Houston & T. C. R. R. Co., and the International & G. N. R. R. Co., to recover damages on account of alleged injuries to his farm. He alleged that the farm was injured by overflows from Tehaueana Creek, which overflows he charged were caused by reason of the failure of appellants to construct and maintain proper and sufficient openings through their roadbed across the valley of the creek referred to.

Appellants answered by general demurrer, general denial and by special plea, alleging that the overflows referred to were…