Messer v. County of Refugio

OPINION

GREEN, Chief Justice.

This appeal is from a take-nothing judgment.

Appellants brought suit to recover damages for the overflow and impounding of surface waters on to their land allegedly resulting from appellee county’s failure to place adequate drainage outlets under a county road constructed and maintained by county along the southern boundary of appellants’ farm in such a manner as to obstruct the natural flow of surface water from their land. In their original petition filed August 14, 1959, they sought relief on four alternate counts: (1) for permanent damage to land; (2) for…