Court of Appeals of Texas December 11, 1900 (Texas & Pacific Railway Co. v. O'Mahoney)

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BOOKHOUT, Associate Justice.

This suit was instituted, by H. O’Mahoney against the Texas & Pacific Railway Company, in the District Court of Harrison County, in May, 1895, to recover damages alleged to have been sustained by- him by reason of defendant’s erection of a lake or dam on the land of defendant, and permitting the water to escape therefrom and spread over the land of plaintiff.