Texas Power Corporation v. Kuehler

As originally brought, this suit was by the Kuehlers against the Texas Power Corporation, to enjoin impounding the waters of the Guadalupe river by a dam so as to destroy a water wheel operated by the river current, which furnished power for pumping water for domestic and irrigation purposes upon riparian lands of plaintiffs. An interlocutory order denying a temporary injunction was affirmed upon appeal to this court.9 S.W.2d 435, error refused 118 Tex. 224, 13 S.W.2d 667.

In the trial upon the merits, plaintiffs abandoned injunctive relief, and by agreement the only issues presented were the…