(Download) "City Perryton v. Gene E. Steed" by Eleventh District, Eastland No. 4387 Court of Civil Appeals of Texas * eBook PDF Kindle ePub Free
eBook details
- Title: City Perryton v. Gene E. Steed
- Author : Eleventh District, Eastland No. 4387 Court of Civil Appeals of Texas
- Release Date : January 24, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This is a suit for permanent damages to real property. Gene E. Steed is owner of Section number 1186, Block 43, H. & T.C. Ry. Co. Survey in Ochiltree County situated approximately two miles northeast of Perryton, Texas. The City of Perryton constructed a drainage project and channel for the purpose of alleviating flooding conditions within its City limits which channel empties into a natural draw at a point approximately one and a half miles from Steed's property. The natural draw then empties into a large playa lake situated on Sections 1186 and 1187 which is located partially on Steed's property. The City had not acquired by condemnation or otherwise the right to increase the flow of excess waters onto plaintiff's property. Shortly after said channel had been completed Steed filed this suit alleging that his land had sustained permanent damages by reason of the construction of such channel. The trial was before a jury in Potter County and judgment based upon the verdict was entered against the City of Perryton in the amount of $17,000.00. The City has appealed. This is a companion suit to the case of the City of Perryton, Texas v. Fred Crosby Huston et al., 454 S.W.2d 435, also decided herein on this day. The plaintiffs in both suits complained of the action of the City in constructing and maintaining the drainage channel in question and in thereby causing additional flood waters to be emptied into the large playa lake located on appellee's land and the adjoining section number 1187, Block 43, H. & T.C. Ry. Co. Survey. Reference is made to the opinion in the Huston case which sets out the material allegations of the pleadings, the evidence and the findings of the jury in that case, which are substantially the same as those in the instant case. The findings of the jury in both cases were substantially as follows: (1) that the project of the City has diverted the surface waters upon appellee's land in quantities substantially in excess of surface waters reaching such land before the drainage project; (2) that appellant knew or was substantially certain that such substantial diverting of the water would result from its action; (3) that the excess water harmed the land; (4) that the project was a proximate cause of such harm; (5) that the diversion of the water by the City's project was unreasonable and (6) was of such nature as to be repeated or to re-occur. We overrule appellant's contention in numerous points that there is no evidence or in the alternative insufficient evidence to support the above findings.
 "City Perryton v. Gene E. Steed" by Eleventh District, Eastland No. 4387 Court of Civil Appeals of Texas * eBook PDF Kindle ePub Free){kind=link}