Marek v. Baylor County

COLLINGS, Justice.

Baylor County brought suit against Henry Marek and wife Fannie S. Marek, seeking a mandatory injunction requiring defendants to remove a dam or levee which they had constructed on the west side of their property across a natural draw or drainage way. It was plaintiff’s contention that the levee prevented surface water from proceeding naturally down the draw during rainy seasons causing water to accumulate and inundate the county road rendering it impassible and causing other damage thereto. The defendants contended that a culvert under the road in question was of such size…